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Formation  of  the  Federal  Constitution 


WILLIAM  CAREY  JONES 


UNIVERSITY  OF  CALIFORNIA 


BERKELEY,  CALIFORNIA 
1889 


COPYRIGHT  BY 

WILLIAM  CAREY  JONES 


284712 


VIRGINIA'S  INVITATION. 

Bancroft,  Formation  of  the  Constitution,  i.  249-253,  266 ; 
Curtis,  History  of  the  Constitution,  i.  341-346; 
Rives'  Madison,  ii.  57-69,  97-103  ; 
Letters  of  the  Tylers,  i.  128-134; 
Elliot,  Debates,  v.  112-114. 


ANNAPOLIS    CONVENTION. 

H.  C.  Lodge  says:  " This  convention  was  sparsely  attended. 
Its  only  result  was  this  address,  which  was  much  weakened  to 
suit  Edmund  Randolph  [Rives,  ii.  128],  and  was  not  at  all  up  to 
Hamilton's  standard.  It,  however,  did  its  work  and  produced 
the  Philadelphia  Convention." 

HAMILTON'S  WORKS,  i.  319. 

Bancroft,  i.  267-278 ; 

Curtis,  i.  347-379 ; 

Rives,  ii.  126-130,  132-138,  208-312; 

Elliot,  v.  114-121. 


VIRGINIA'S  INVITATION  TO  A  TRADE  CONVENTION, 

JANUARY  21,  1786. 

Resolved,  That  Edmund  Randolph,  James  Madison,  Jun.,  Wal- 
ter Jones,  St.  George  Tucker,  Meriwether  Smith,  David  Ross, 
William  Ronald,  and  George  Mason,  Esquires,  be  appointed  com- 
missioners who,  or  any  five  of  whom,  shall  meet  such  commis- 
sioners as  may  be  appointed  by  the  other  States  in  the  Union, 
at  a  time  and  place  to  be  agreed  upon,  to  take  into  consideration 
the  trade  of  the  United  States  ;  to  examine  the  relative  situation 
and  trade  of  the  said  States;  to  consider  how  far  a  uniform  system 
in  their  commercial  regulations  may  be  necessary  to  their  common 
interest  and  their  permanent  harmony ;  and  to  report  to  the  several 
States  such  an  act  relative  to  this  great  object  as,  when  unani- 
mously ratified  by  them,  will  enable  the  United  States  in 
Congress  assembled  effectually  to  provide  for  the  same  ;  that  the 
said  commissioners  shall  immediately  transmit  to  the  several 
States  copies  of  the  preceding  resolution,  with  a  circular  letter 
requesting  their  concurrence  therein,  and  proposing  a  time  and 
place  for  the  meeting  aforesaid. 

ELLIOT,  i.  115,  v.  113. 


ANNAPOLIS  CONVENTION:  REPORT. 

To  the  Honorable,  the  Legislatures  of  Virginia,  Delaware,  Penn- 
sylvania, New  Jersey,  and  New  York,  the  commissioners  from  the 
said  States,  respectively,  assembled  at  Annapolis,  humbly  beg 
leave  to  report : — 

That,  pursuant  to  their  several  appointments,  they  met  in 
Annapolis,  in  the  State  of  Maryland,  on  the  nth  of  September 
instant;  and  having  proceeded  to  a  communication  of  their  powers, 
they  fcmud  that  the  States  of  New  York,  Pennsylvania,  and  Vir- 
ginia had,  in  substance,  and  nearly  in  the  same  terms,  author- 
ized their  respective  commissioners  ' '  to  meet  such  commissioners 
as  were  or  might  be  appointed  by  the  other  States  of  the  Union,  at 
such  time  and  place  as  should  be  agreed  upon  by  the  said  com- 
missioners, to  take  into  consideration  the  trade  and  commerce  of 
the  United  States  ;  to  consider  how  far  a  uniform  system  in  their 
commercial  intercourse  and  regulations  might  be  necessary  to  their 
common  interest  and  permanent  harmony  ;  and  to  report  to  the 
several  States  such  an  act  relative  to  this  great  object  as,  when 
unanimously  ratified  by  them,  would  enable  the  United  States  in 
Congress  assembled  effectually  to  provide  for  the  same." 


That  the  State  of  Delaware  had  given  similar  powers  to  their 
commissioners;  with  this  difference  only,  that  the  act  to  be  framed 
in  virtue  of  these  powers  is  required  to  be  reported  ' '  to  the  United 
States  in  Congress  assembled,  to  be  agreed  to  by  them,  and  con- 
firmed by  the  legislature  of  every  State." 

That  the  State  of  New  Jersey  had  enlarged  the  object  of  their 
appointment,  empowering  their  commissioners  "to  consider  how 
far  a  uniform  system  in  their  commercial  regulations,  and  other 
important  matters,  might  be  necessary  to  the  common  interest  and 
permanent  harmony  of  the  several  States  ; ' '  and  to  report  such 
an  act  on  the  subject,  as,  when  ratified  by  them,  "would  enable 
the  United  States  in  Congress  assembled  effectually  to  provide 
for  the  exigencies  of  the  Union." 

That  appointments  of  commissioners  have  also  been  made  by 
the  States  of  New  Hampshire,  Massachusetts,  Rhode  Island,  and 
North  Carolina,  none  of  whom,  however,  have  attended  ;  but  that 
no  information  has  been  received  by  your  commissioners  of  any 
appointment  having  been  made  by  the  States  of  Maryland,  Con- 
necticut, South  Carolina,  or  Georgia. 

That,  the  express  terms  of  the  powers  to  your  commissioners 
supposing  a  deputation  from  all  the  States,  and  having  for  their 
object  the  trade  and  commerce  of  the  United  States,  your  commis- 
sioners did  not  conceive  it  advisable  to  proceed  on  the  business  of 
their  mission  under  the  circumstance  of  so  partial  and  defective  a 
representation. 

Deeply  impressed,  howrever,  with  the  magnitude  and  impor- 
tance of  the  object  confided  to  them  on  this  occasion,  your  com- 
missioners cannot  forbear  to  indulge  an  expression  of  their  earnest 
and  unanimous  wish,  that  speedy  measures  may  be  taken  to  effect 
a  general  meeting  of  the  States  in  a  future  convention,  for  the 
same  and  such  other  purposes  as  the  situation  of  public  affairs 
may  be  found  to  require. 

If,  in  expressing  this  wish,  or  in  intimating  any  other  senti- 
ment, your  commissioners  should  seem  to  exceed  the  strict  bounds 
of  their  appointment,  they  entertain  a  full  confidence,  that  a  con- 
duct dictated  by  an  anxiety  for  the  welfare  of  the  United  States 
will  not  fail  to  receive  an  indulgent  construction. 

In  this  persuasion  your  commissioners  submit  an  opinion,  that 
the  idea  of  extending  the  powers  of  their  deputies  to  other  objects 
than  those  of  commerce,  which  had  been  adopted  by  the  State  of 
New  Jersey,  was  an  improvement  on  the  original  plan,  and  will 
deserve  to  be  incorporated  into  that  of  a  future  convention.  They 


are  the  more  naturally  led  to  this  conclusion,  as,  iu  the  course  of 
their  reflections  on  the  subject,  they  have  been  induced  to  think 
that  the  power  of  regulating  trade  is  of  such  comprehensive  extent, 
and  will  enter  so  far  into  the  general  system  of  the  federal  govern- 
ment, that,  to  give  it  efficacy,  and  to  obviate  questions  and  doubts 
concerning  its  precise  nature  and  limits,  may  require  a  corre- 
spondent adjustment  of  other  parts  of  the  federal  system. 

That  there  are  important  defects  in  the  system  of  the  federal  gov- 
ernment, is  acknowledged  by  the  acts  of  all  those  States  which  have 
concurred  in  the  present  meeting ;  that  the  defects,  upon  a  closer 
examination,  may  be  found  greater  and  more  numerous  than  even 
these  acts  imply,  is  at  least  so  far  probable,  from  the  embarrass- 
ments which  characterize  the  present  state  of  our  national  affairs, 
foreign  and  domestic,  as  may  reasonably  be  supposed  to  merit  a 
deliberate  and  candid  discussion,  in  some  mode  which  will  unite 
the  sentiments  and  councils  of  all  the  States.  In  the  choice  of 
the  mode,  your  commissioners  are  of  opinion  that  a  convention  of 
deputies  from  the  different  States,  for  the  special  and  sole  purpose 
of  entering  into  this  investigation,  and  digesting  a  plan  for  sup- 
plying such  defects  as  may  be  discovered  to  exist,  will  be  entitled 
to  a  preference,  from  considerations  which  will  occur  without  being 
particularized. 

Your  commissioners  decline  an  enumeration  of  those  national 
circumstances  on  which  their  opinion  respecting  the  propriety  of 
a  future  convention,  with  more  enlarged  powers,  is  founded  ;  as  it 
would  be  a  useless  intrusion  of  facts  and  observations,  most 
of  which  have  been  frequently  the  subject  of  public  discussion, 
and  none  of  which  can  have  escaped  the  penetration  of  those 
to  whom  they  would  in  this  instance  be  addressed.  They  are, 
however,  of  a  nature  so  serious,  as,  in  the  view  of  your  commis- 
sioners, to  render  the  situation  of  the  United  States  delicate  and 
critical,  calling  for  an  exertion  of  the  united  virtue  and  wisdom 
of  all  the  members  of  the  Confederacy. 

Under  this  impression,  your  commissioners,  with  the  most 
respectful  deference,  beg  leave  to  suggest  their  unanimous  convic- 
tion that  it  may  essentially  tend  to  advance  the  interests  of  the 
Union,  if  the  States,  by  whom  they  have  been  respectively  dele- 
gated, would  themselves  concur,  and  use  their  endeavors  to  procure 
the  concurrence  of  the  other  States,  in  the  appointment  of  com- 
missioners, to  meet  at  Philadelphia,  on  the  second  Monday  of 
May  next,  to  take  into  consideration  the  situation  of  the  United 
States,  to  devise  such  further  provisions  as  shall  appear  to  them 


necessary  to  render  the  constitution  of  the  federal  government 
adequate  to  the  exigencies  of  the  Union  ;  and  to  report  such  an 
act  for  that  purpose  to  the  United  States  in  Congress  assembled, 
as,  when  agreed  to  by  them,  and  afterwards  confirmed  by  the 
legislature  of  every  State,  will  effectually  provide  for  the  same. 

Though  your  commissioners  could  not  with  propriety  address 
these  observations  and  sentiments  to  any  but  the  States  they  have 
the  honor  to  represent,  they  have  nevertheless  concluded,  from 
motives  of  respect,  to  transmit  copies  of  this  report  to  the  United 
States  in  Congress  assembled,  and  to  the  executives  of  the  other 
States. 

By  order  of  the  Commissioners. 

Dated  at  Annapolis,  September  14,   1786. 
ELLIOT,  i.  117,  v.  115. 
HAMILTON'S  WORKS  (Lodge's  edition),  i.  319-322. 


AUTHORIZATION    OF    A    CONSTITUTIONAL 
CONVENTION  BY  CONGRESS, 

FEBRUARY  21,  1787. 

Whereas  there  is  provision,  in  the  Articles  of  Confederation 
and  Perpetual  Union,  for  making  alterations  therein,  by  the  assent 
of  a  Congress  of  the  United  States,  and  of  the  legislatures  of  the 
several  States;  and  whereas  experience  hath  evinced  that  there 
are  defects  in  the  present  Confederation  ;  as  a  means  to  remedy 
which  several  of  the  States,  and  particularly  the  State  of  New 
York,  by  express  instructions  to  their  delegates  in  Congress,  have 
suggested  a  convention  for  the  purposes  expressed  in  the  follow- 
ing resolution;  and  such  convention  appearing  be  the  most 
probable  means  of  establishing  in  these  States  a  firm  national 
government : 

Resolved,  That,  in  the  opinion  of  Congress,  it  is  expedient  that, 
on  the  second  Monday  in  May  next,  a  convention  of  delegates, 
who  shall  have  been  appointed  by  the  several  States,  to  be  held 
at  Philadelphia,  for  the  sole  and  express  purpose  of  revising  the 
Articles  of  Confederation,  and  reporting  to  Congress  and  the 
several  legislatures  such  alterations  and  provisions  therein  as  shall, 
when  agreed  to  in  Congress,  and  confirmed  by  the  States,  render 
the  federal  constitution  adequate  to  the  exigencies  of  government 
and  the  preservation  of  the  Union. 

ELLIOT,  i.  120. 


THE  FEDERAL  CONVENTION. 


Elliot,  i.  120-128 ; 

Bancroft,  ii.  3-10; 

Curtis,  i.  362-375,  380-488 ;  ii.  chap.  i. 

Lalor's  Cyclopaedia,  i.  637-638. 

The  States  were  divided  into  the  two  groups  following.  The 
figures  are  the  estimates  of  population  used  in  the  Convention, 
only  three-fifths  of  the  slaves  being  included  in  the  enumeration 
in  the  five  Southern  States.  New  Hampshire  was  not  represented 
until  July  23.  Rhode  Island  was  never  represented.  New  York 
was  not  sufficiently  represented  after  July  10  to  take  part  in  the 
voting. 


"  Large"  or  "  National." 

Virginia 420,000 

Massachusetts 360,000 

Pennsylvania 360,000 

North  Carolina 200,000 

South  Carolina 150,000 

Georgia 90,000 


"  Small  "  or  "  Federal.'' 

New  York 238,000 

Maryland 218,000 

Connecticut 202,000 

New  Jersey 138,000 

Delaware 37,000 

(New  Hampshire 102,000) 

[Rhode  Island 58,000] 


THE  VIRGINIA  PLAN. 

The  Virginia  Plan,  embodying  the  views  of  Madison,  was  pre- 
sented to  Convention  by  Randolph,  on  behalf  of  Virginia 
delegation,  May  2.9. 

Elliot,  v.  126-128  ;  Lalor,  i.  638,  547  ; 

Curtis,  ii.  32-86  ;  Conway's  Randolph,  chap,  ix.; 

Bancroft,  ii.  4-14,  35,  36;     Rives,  ii.  3I3~342- 
NOTE  :     In    references    which    follow,    B.    indicates    second 
volume  of  Bancroft's  History  of  the  Formation  of  the  Constitu- 
tion,  and  E.  indicates  fifth  volume  of  Elliot's  Debates,  being 
Madison's  minutes  of  the  Convention. 

1,  Virginia — (May  30)  postponed  to  consider  3,  Morris,  which  is 

agreed  to,  E.    132-134;  B.  14-15. 

2,  Virginia — (May  30)  postponed,  E.  134-135  ;  B.  15-16. 

(Je  9-11)  substitute,  that  right  of  suffrage  ought  not  to 
be  according  to  Confederation,  but  according  to  represen- 
tation, agreed  to,  E.  178-181. 

That  ratio  of  representation  should  be  in  proportion  to 
number  of  free  inhabitants  and  three  fifths  of  other  persons, 
(7,  June  13),  agreed  to,  E.  181. 

That  in  second  branch  each  State  have  one  vote,  dis- 
agreed to,  E.  181-182  ;  B.  33. 

That  the  right  of  suffrage  should  be  the  same  in  each 
branch,  (8,  June  13),  agreed  to,  E.  182  ;  B.  33. 

3,  Virginia — (May  31)  agreed  to,  E.  135  ;  B.  16. 

Becomes  2,  June  13, 

4,  Virginia — (May  31)  first  branch  to  be  elected  by  the  people, 

agreed  to,  E,  i35-J37  ',  B.  16-17. 

(Je   6)    amendment,   that  first  branch    be   elected  by 

State  legislatures,  disagreed  to,  E.  160-164;  B.  26-28. 

(Je  8)  motion,  to  arrange  States  in  three  classes,  and  allow 
certain  number  of  members  to  each  class,  E.  174. 

Qualifications:     (May  31) postponed,  E.  137. 

(Je  12)  Term  of  three  years,  agreed  to,  E.  183-184; 
B.  34-  / 

Age  of years  disagreed  to,  E.  184  ;  B.  35. 

A  fixed  compensation,  etc.,  agreed  to,  E.  184-185. 

Ineligible,  agreed  to,  E.  185  ;  B.  34. 

Incapable  of  reelection,  disagreed  to,  E.  185  ;  B.  35. 

Whole  resolution  becomes  3,  June  13. 


THE  VIRGINIA  PLAN. 

1.  That  the  Articles  of  Confederation  ought  to  be  so  corrected 
and  enlarged  as  to  accomplish  the  objects  propose^_bv^their  jnsti- 
tution;  namely,  common^  defence.  se£urity_Qf_lihej±y,  and  general 
welfare. 

2.  That  the  right  of  suffrage,  in  the  national  legislature,  ought 
to  be  proportioned  to  the  quotas  of  contribution,    or  to  the  num- 
ber of  free  inhabitants,  as  the  one  or  the  other  rule  may  seem 
best  in  different  cases. 

3.  That   the    national    legislature    ought    to   consist   of   two 
branches. 

4.  That  the  members  of  the  firsLJ3ra  nph  of  the  national  legis- 
lature ought  to  be  elected  by  the  people  of  the  several  States, 

every ,  for  the  term  of ;  to  be  of  the  age  of 

years,  at  least ;  to  receive  liberal   stipends,  by  which 

they  may  be  compensated  for  the  devotion  of  their  time  to  the 
public  service  ;  to  be  ineligible  to  any  office  established  by  a  par- 
ticular State,  or  under  the  authority  of  the  United  States,  (except 
those  peculiarly  belonging  to  the  functions  of  the  first  branch), 

during  the  term  of  service  and  for  the  space  of after  its 

expiration  ;  to  be  incapable  of  reelection  for  the  space  of 

after  the  expiration  of  their  term  of  service  ;  and  to  be  subject  to 
recall. 

5.  That  the  members  of  the  second  branch  of  the  national  leg- 
islature ought  to  be  elected  by  those  of  the  first,  out  of  a  proper 
number  of  persons  nominated  by  the  individual  legislatures;  to  be 

of  the  age  of years,  at  least ;  to  hold  their  offices  for  a 

term  sufficient  to  insure  their  independency  ;  to  receive  liberal 
stipends,  by  which  they  may  be  compensated  for  the  devotion  of 
their  time  to  the  public  service  ;  and  to  be  ineligible  to  any  office 
established  by  a  particular  State,  or  under  the  authority  of  the 
United  States,  (except  those  peculiarly  belonging  to  the  functions 
of  the  second  branch),  during  the  term  of  service  and  for  the 
space  of. after  the  expiration  thereof. 

6.  That  eachJbrauch  ought  to  possess  the  right  of  originating 
acts  ;  that  the  national  legislature  ought  to  be  empowered  to  enjoy 
the  legislative  rights  vested  in  Congress  by  the  Confederation;  and, 
moreover,  to  legislate  in  all  cases  to  which  the  separate  States  are 
incompetent,  or  in  which  the  harmony  of  the  United  States  may 
be  interrupted  by  the  exercise  of  individual  legislation  ;  to  negative 


5,  Virginia — Mode  of  election:    (May  31)  to  be  chosen  by  first 

branch,  disagreed  to,  E.  137-139;  B.  16. 

(Je  7)  to  be  elected  by  the  people  in  large  districts, 
disagreed  to,  E.  167-170. 

To  be  appointed  by  national  executive,  disagreed  to, 
E.  167. 

To  be  chosen  by  the  State  legislatures,  agreed  to,  E.  166- 
170  ;  B.  29-31. 

(Je  12)    to  be  thirty  years  of  age,  agreed  to,  E.  186-187  ; 

B.  35- 

Term  of  seven  years,  agreed  to,  B.  35. 

Entitled  to  no  compensation,  disagreed  to,  E.  187. 

To  have  same  qualifications  as  to  compensation  and 
ineHgibility  as  members  of  the  first  branch,  agreed  to, 
E.  187  ;  B.  35. 

Whole  resolution  becomes  4,  June  13. 

6,  Virginia — (May  31)  Each  branch  to  originate  laws,  (5,  June 

13),  agreed  to,  E.  139. 

National  legislature  to  have  legislative  powers  of  Con- 
gress of  Confederation,  etc.,  down  to  last  clause,  (6,  June 
13),  agreed  to,  E.  139;  B.  17-18. 

To  exert  force  of  Union  against  a  State,  postponed,  E. 
140 ;  B.  19. 

(Je  8)  Reconsideration  of  power  to  negative  State  laws 
contravening,  etc.,  in  order  to  extend  power  to  general 
negative,  disagreed  to,  E.  170-174;  B.  18-19. 

(Je  13)  amendment,  to  restrain  second  branch  from 
originating  money  bills,  disagreed  to,  E.  188-189. 


all  laws  passed  by  the  several  States,  contravening,  in  the  opinion 
of  the  national  legislature,  the  Articles  of  Union,  or  any  treaty 
subsisting  under  the  authority  of  the  Union  ;  and  to  call  forth  the 
force  of  the  Union  against  any  member  of  the  Union  failing  to 
fulfil  its  duty  under  the  articles  thereof. 

7.  Tha':  a  national  execuliyje  be  instituted,  to  be  chosen  by  the 

national  legislature  for  the  term  of years;  to  receive 

punctually,  at  stated  times,  a  fixed  compensation  for  the  services 
rendered,  in  which  no  increase  or  diminution  shall  be  made,  so  as 
to  affect  the  magistracy  existing  at  the  time  of  the  increase  or 
diminution  ;    to  be  ineligible  a  second  time  ;    and  that,  besides  a 
general  authority  to  execute  the  national  laws,  it  ought  to  enjoy 
the  executive  rights  vested  in  Congress  by  the  Confederation. 

8.  That  the  executive,  and  a  convenient  number  of  the  national 
judiciary,  ought  to  compose  a  council  ofjgvision,  with  authority 
to  examine  every  act  of  the  national  legislature,  before  it  shall 
operate,  and  every  act  of  a  particular  legislature,  before  a  negative 
thereon  shall  be  final  ;  and  that  the  dissent  of  the  said  council 
shall  amount  to  a  rejection,  unless  the  act  of  the  national  legisla- 
ture be  again  passed,  or  that  of  a  particular  legislature  be  again 
negatived  by of  the  members  of  each  branch. 

9.  That  a  national  judiciary  be  established to  hold 

their  offices  during  good  behavior,  and  to  receive  punctually,  at 
stated  times,  a  fixed  compensation  for  their  services,  in  which  no 
increase  or  diminution  shall  be  made,  so  as  to  affect  the  persons 
actually  in  office  at  the  time  of  such  increase  or  diminution.     That 
the  jurisdiction  of  the  inferior  tribunals  shall  be  to  hear  and  deter- 
mine in  the  first  instance,  and  of  the  supreme  tribunal  to  hear  and 
determine  in  the  dernier  ressort,  all  piracies  and  felonies  on  the 
seas  ;  captures  from  an  enemy  ;  cases  in  which  foreigners,  or  citi- 
zens of  other  States,  applying  to  such  jurisdictions,  may  be  inter- 
ested,  or  which  respect  the  collection  of  the  national  revenue  ; 
impeachments  of  any  national  officer  ;  and  questions  which  involve 
the  national  peace  and  harmony. 

10.  That  provision   ought  to  be  made  for  the  admission  ^oj" 
_§tates,  lawfully  arising  within   the  limits  of  the  United  States, 
whether  from  a  voluntary  junction  of  government  or  territory,  or 
otherwise,  with  the  consent  of  a  number  of  voices  in  the  national 
legislature  less  than  the  whole. 


7,  Virginia — B.  19-20. 

(Je  i)  amendment,  for  last  clause,  to  possess  power  to 
execute  national  laws,  and  to  appoint  to  offices  not 
otherwise  provided  for,  agreed  to,  E.  141-142  ;  B.  21. 

Term  of  seven  years,  agreed  to,  E.  142-143. 

To  be  chosen  by  national  legislature,  postponed,  E.  142- 
144  (Wilson's  electoral  motion,  E.  143);  B.  21-22. 
(Je  2)  agreed  to,  B.  22. 
(Je  9)  substitute,   to   be  elected  by   executives  of  the 

States,  disagreed  to,  E.  174-175. 

Compensation:  amendment  (Je  2),  to  receive  no  compen- 
sation, but  expenses  to  be  defrayed,  postponed,  E.  144-147 
(Franklin's  speech). 

Motion,  that  executive  be  removable  on  request  of 
majority  of  State  legislatures,  E.  147-149. 

To  be  ineligible  a  second  time,  with  amendment,  to 
be  removable  on  impeachment,  agreed  to,  E.  149 ;  B. 
23-24. 

To  consist  of persons,  postponed,  E.  140-141,     149  ; 

B.  20-21,  24. 

(Je  4)  amendment,  a  single  person,  agreed  to,  E.   1 50- 

151  ;  B.  25. 

Whole  resolution  becomes  9,  June  13. 

8,  Virginia — (Je  4)  amendment  (10,  June  13),  agreed  to,  E.  151- 

155 ;  B.  25. 

(Je  6)  reconsideration,  to  put  in  original  form,  disagreed 
to,  E.  155,  164-166. 


9,  Virginia — (Je  4)  national  judiciary  to  be  established,  agreed 

to,  E.  155;  B.  25. 

To  consist  of:  amendment,  one  supreme,    and    inferior 
tribunals,  agreed  to,  E.  155;  B.  26. 

(Je  5)  motion,  to  strike  out  "inferior  tribunals, "  agreed 
to,  E.  158-159;  B.  26. 

To  give  national  legislature  power  to  institute  inferior 
tribunals,  agreed  to,  (12,  June  13),  E.  159-160. 
(Je  5)  to  be   chosen  by  national  legislature,  disagreed 
to,  E.  i55-!56  J  B-  29. 

( Je  1 3)  to  be  appointed  by  the  second  branch  of  the 
legislature,  agreed  to,  (n,  June,  13),  E.  156. 
(Je  5)  term  of  good  behavior,  and  fixed  compensation, 
agreed  to,  (u,  June  13),  E.  156. 

(Je  4)  jurisdiction,  postponed,  E.  156. 

(Je  12-13)  substitute,  (13,  June  13),  agreed  to,  E.  187- 
188  ;  B.  26. 

10,  Virginia— (Je  5)  agreed  to,  (14,  June  13),  E.  156-157. 

n,  Virginia — (Je  ^postponed,  E.  157. 

(Je  n)  amendment,  (16,  June  13),  agreed  to,  E.  182  ; 
B.  33-34- 

12,  Virginia— (Je  5)  agreed  to,  (15,  June  13),  E.  157. 

13,  Virginia— (Je  5)  postponed,  E.  157. 

(Je  n)  amendment,  "without  requiring  assent  of 
national  legislature,"  postponed;  rest  of  resolution, 
agreed  to,  (17,  June  13),  E.  182;  B.  34. 

14,  Virginia — (Je  ^postponed,  E.  187. 

(Je  n)  agreed  to,  (18,  June  13),  E.  182-183  ;  B.  34. 

15,  Virginia— (Je  ^postponed,  E.  157-158. 

(Je  12)  agreed  to,  (19,  June  13),  E.  183  ;  B.  34. 


ii.  That  a  republican  government,  and  the  territory  of  each 
State,  (except  in  the  instance  of  a  voluntary  junction  of  govern- 
ment and  territory),  ought  to  be  guaranteed  by  the  UnitecLStates 
to  each 


12.  That  provision  ought  to  be  made  for  the  continuance  of  _ 
Congress^and  their  authorities  and  privileges,  until  a  given  day, 
after  the  reform  of  the  Articles  of  Union  shall  be  adopted,  and  for 
the  completion  of  all  their  engagements. 

13.  That  provision  ought  to  be  made  for  the  amendment  of  the 
Articles  of  Union,  whensoever  it  shall  seem  necessary  ;  and  that 
the  assent  of  the  national  legislature  ought  not  to  be  required 
thereto. 

14.  That  the  legislative,  executive,  and  judiciary  powers  within 
the  several  States  ought  to  be  bounidby^oath  to  support  the  Articles 
of  Union. 

15.  That  the  amendments,  which  shall  be  offered  to  the  Confed- 
eration by  the  Convention,  ought,  at  a  proper  time  or  times,  after 
the  approbation  of  Congress,  to  be  submitted  to  an  assembly  or 
assemblies  of  representatives,  recommended  by  the  several  legisla- 
tures, to  be  expressly  chosen  by  the  people  to  consider  and  decide 
thereon. 


PROPOSITIONS  OFFERED  BY  GOUV.  MORRIS, 
MAY  30. 

1 .  That  a  union  of  the  States  merely  federal  will  not  accomplish 
the  objects  proposed  by  the  Articles  of  Confederation,  namely, 
common  defence,  security  of  liberty,  and  general  welfare. 

2.  That  no  treaty  or  treaties  among  the  whole  or  part  of  the 
States,  as  individual  sovereignties,  would  be  sufficient. 

3.  That  a  national  government  ought  to  be  established,  consisting 
of  a  supreme  legislative,  executive,  and  judiciary. 


REPORT  OF  JUNE  13- 
E.  212-376;  B.  47-96;  Curtis,  ii.    116—190;    Lalor,  i. 

639,  548. 

1,  June  13— (Je  19-20)  amendment,  so  as  to  establish  government 

of  the  "United  States,"  agreed  to,  E.  212-214  ;  B.  47-53. 
Resolution  becomes  i,  July  26. 

2,  June  13 — (Je  20-21)  E.  214-223. 

Amendment,  to  strike  out  "national,"  agreed  to. 
To  declare  legislation  vested  in  Congress,   disagreed  to, 
E.  220  ;  B.  52-53. 

Resolution  as  amended,    agreed  to,  (2,  July  26),  E.  223  ; 

B.  53-54- 

3,  June  13 — (Je  21)  amendment,  that  election  of  first  branch  be 

as  State  legislatures  direct,  disagreed  to,  E.  223-224. 
To  be  elected  by  the  people,  agreed  to,  E.  224. 

That  term  be  two  years,  agreed  to,  E.  224-226. 

(Je  22)  compensation  to  be  fixed  by  national  legis- 
lature, disagreed  to,  E.  227. 

Amendment,  to  strike  out,  "payment  from  the  national 

treasury,"  disagreed  to,  E.  228. 

That  compensation  be  fixed,  agreed  to. 

That  members  be  twenty-five  years  of  age,  agreed  to, 
E.  228-229. 

To  strike  out  ineligibility,  disagreed  to,  E.  229. 

(Je    23)    to   strike  out  ineligibility   to   State   offices, 

agreed  to,  E.  230. 

Amendment,  to  confine  ineligibility  to  such  national 
offices  as  had  been  established  or  had  had  their  emoluments 
increased  during  their  term,  disagreed  to,  E.  230-233. 

Amendment,  to  confine  ineligibility  to  one  year  after 
expiration  of  term,  disagreed  to,  E.  233. 

(Jy  26)  to  require  qualification  of  property  and  citizen- 
ship, agreed  to,  E.  370-372. 

Resolution  becomes  3,  July  26. 


REPORT  OF  THE  COMMITTEE  OF  THE  WHOLE, 

JUNE  13. 

1.  That  it  is  the  opinion  of  this  committee,   that  a  national 
government  ought  to  be  established,  consisting  of  a  supreme  legis- 
lative, executive,  and  judiciary. 

2.  Same  as  3  Virginia. 

3.  That  the  members  of  the  first  branch  of  the  national  legisla- 
ture ought  to  be  elected  by  the  people  of  the  several  States  for  the 
term  of  three  years ;  to  receive  fixed  stipends  by  which  they  may 
be  compensated  for  the  devotion  of  their  time  to  the  public  sendee, 
to  be  paid  out  of  the  national  treasury ;  to  be  ineligible  to  any 
office  established  by  a  particular  State,  or  under  the  authority  of 
the   United   States,    (except  those  peculiarly   belonging   to   the 
functions  of  the  first  branch),  during  the  term  of  service,  and, 
under  the  national  government,  for  the  space  of  one  year  after  its 
expiration. 

4.  That  the  members  of  the  second  branch  of  the  national  legis- 
lature ought  to  be  chosen  by  the  individual  legislatures ;  to  be  of 
the  age  of  thirty  years  at  least ;  to  hold  their  offices  for  a  term 
sufficient  to  insure   their  independence,  namely,  seven  years ;  to 
receive  fixed  stipends  by  which  they  may  be  compensated  for  the 
devotion  of  their  time  to  the  public  service,  to  be  paid  out  of  the 
national  treasury;  to  be  ineligible,  etc.,  (as  in  j). 

5.  Same  as  first  clause  of  6  Virginia. 

6.  Same  as  6  Virginia,  omitting  first  clause,  and  last  clause : 
"and  to  call  forth,  etc." 

7.  That  the  right  of  suffrage  in  the  first  branch  of  the  national 
legislature  ought  not  to  be  according  to  the  rule  established  in  the 
Articles  of  Confederation,  but  according  to  some  equitable  ratio  of 
representation ;   namely,  in  proportion  to  the  whole  number  of 
white  and  other  free  citizens  and  inhabitants,  of  every  age,  sex, 
and  condition,  including  those  bound  to  servitude  for  a  term  of 
years,  and  three-fifths  of  all  other  persons,  not  comprehended  in 
the  foregoing  description,  except  Indians  not  paying  taxes,  in  each 
State. 

8.  That  the  right  of  suffrage  in  the  second  branch  of  the  national 
legislature  ought  to  be  according  to  the  rule  established  for  the 
first. 


4,  June  13— E.  233-248. 

(Je  25)  to  be  chosen  by  State  legislatures,  agreed  to, 
E.  240  ;  B.  54-56. 

Term  :  Six  or  five  years,  disagreed  to,  E.  241  ;  nine 
years,  disagreed  to,  E.  245  ;  B.  56  ;  six  years,  agreed  to, 
E.  245  ;  B.  57. 

Age  :  thirty  years,  agreed  to,  E.  241. 

Compensation  :  to  strike  out,  disagreed  to,  E.  246. 
To  be  paid  by  the  States,  disagreed  to,  E.  246-247. 
To  be  paid  from   national  treasury,    disagreed  to,    E. 

247. 

Ineligibility  :  to  State  offices,  disagreed  to,  E.  248. 
To  Federal  offices,  agreed  to,  E.  247. 

(Jy  26)   to    require  qualification  of  property  and  citizen- 
ship, agreed  to,  E.  370-372. 
Resolution  becomes  4,  July  26. 

5,  June  13 — (Je  27)  agreed  to,  (5,  July  26),  E.  248. 

6,  June   13 — (Je   27)   defining  powers   of  legislation,  postponed, 

E.  248. 

(Jy  16-17)  power  of  negativing  State  laws,  disagreed 
to,  and  resolution  adopted  as  in  6,  July  26,  E.  316-320, 
321-322;  B.  90. 

7,  June   13 — (Je  27-29)  to  give  equal  suffrage  in  first  branch, 

disagreed  to,  E.  248-259. 


7  and  8,  June  13 — (Je  29  to  Jy  16)  E.  260-316. 

(Je  29)  to  give  each  State  equal  suffrage  in  first  branch, 
disagreed  to,  E.  259;  B.  57-61. 

(Je  29  to  Jy  2)  to  give  equal  suffrage  in  second 
branch,  disagreed  to,  E.  261-269  '•>  B.  62-66. 

(Jy  2)  to  refer  question  of  suffrage  in  both  branches  to 
Committee,  agreed  to,  E.  270-273  ;  B.  67. 

(Jy  5)  Report  of  Committee,  E.  274  ;  report  discussed, 
E.  264-279  ;  B.  68-70  ;  Elliot,  i.  479,  358. 

(Jy  6)  representation  of  one  for  every  forty  thousand, 

referred  to  Committee  of  Five,  E.  280-281  ;  B.  70. 

Provision  as  to  money  bills,  agreed  to,  E.   282-285. 
(Jy  7)  equal  suffrage  in  second  branch,  agreed  to,  E. 

285-287  ;  B.  71. 

(Jy  9)  Report  of  Committee  of  Five,  E.  288  ;  B.  71. 

Second  paragraph,  agreed  to,  E.  288.  First  paragraph, 
referred  to  Committee  of  Eleven,  E.  288-290. 

(Jy  10)  Report  of  Committee  of  Eleven,  changing 
number  of  representatives  from  fifty-six  to  sixty-five, 
agreed  to,  E.  290-293  ;  B.  72-74. 

(Jy  10-11)  Census  and  representation  of  free  inhabitants 
taken  every  fifteen  years,  agreed  to,  E.  293-300. 

To  include  three-fifths  of  the  negroes,  disagreed  to,  E. 

295-301  ;  B.  74ff.         Whole  clause  rejected,  E.  302. 

(Jy  12)  representation  and  direct  taxation  to  be  in 
same  proportion,  agreed  to,  E.  302  ;  B.  83. 

Census:  within  six  years  and  every  ten  3^ears,  and 
according  to  whole  number  of  inhabitants,  rating  negroes 
at  three-fifths,  agreed  to,  E.  303-306  ;  B.  8off. 

(Jy  r3)  until  first  census,  proportion  of  representa- 
tives and  moneys  raised  from  a  State  to  be  same,  agreed 
to,  E.  306-307. 

Amendment  heretofore  made  regulating   future   repre- 
.    sentation  on  principle  of  wealth,  stricken  out,  E.  307-309. 

(Jy  14)  representatives  from  new  States  never  to  exceed 
those  of  present  States,  disagreed  to,  E.  310  ;  B.  79-81. 

Second  branch  to  consist  of  thirty-six  members,  dis- 
agreed to,  E.  310-316. 

(Jy  23)  two  S2nators  from  each  State  to  vote  per 
capita,  agreed  to,  E.  311,  356-367  ;  B.  86-88. 

Seventh  and  eighth  resolutions,  as  amended,  agreed  to, 
(8,  9,  10,  n,  22,  July  26),  E.  316. 


June  13— (Jy    17)    Executive,     E.    322-327,     334~344,    357. 
358-370. 

Mode  of  election  :  (Jy  17)  by  the  people,  disagreed  to,  E. 
322-324. 

By  electors  appointed  by  the  State  legislatures,  dis- 
agreed to,  E.  324.  (Jy  19)  agreed  to,  E.  338. 

(Jy  20)  number  of  electors  to  be  regulated  by  number 
of  representatives,  agreed  to,  339-340. 

Electors  not  to  be  national   officers  nor'  eligible   for 
executive,  agreed  to,  E.  343. 

Qy  21)  electors  to  be  paid  out  of  the  national  treasury, 
agreed  to,  E.  344. 
(Jy  17  and  24)    By  national  legislature,  agreed  to,  E. 

324,  357>  358-359- 

By  electors  taken  by  lot  from  the  national  legislature, 
postponed,  E.  362. 

(Jy  25)  By  electors  appointed  by  State  legislatures 
where  actual  executive  is  ineligible,  otherwise  by  national 
legislature,  E.  363-365- 

By  State  governors  and  thsir  councils,  not  passed. 
Term  :  during  good  behavior,  disagreed  to,  E.  325-327. 
To  strike  out  seven  years,  agreed  to,  E.  327. 
(Jy  J9)  Six  years,  agreed  to,  E.  338-339. 
(Jy  26)  Seven  years  and  not  reeligible,  agreed  to,  E. 
368-369. 

Reeligibility:  (Jy  17)  to  strike  out  "ineligible,"  agreed 
to,  E.  325. 

(Jy  Z9)  That  he  be  ineligible,  disagreed  to,  E.  334-338. 
(Jy  25)  That  no  person  be  eligible  to  more  than  six 
years  in  twelve,  disagreed  to,  E.  365-368. 

(Jy  26)  term  of  seven  years  and  not  reeligible,  agreed 
to,  E.  368-369- 

Impeachment :  (Jy  20)  to  strike  out  provision,  disagreed 
to,  E.  340-343- 

Compensation  :  fixed  and  from  national  treasury,  agreed 
to,  E.  343. 

Resolution  becomes  9,  July  26. 


io,  June  13— (Jy  18),  agreed  to,  13,  July  26,  E.  328. 

(Jy  21),  amendment,  that  national  judiciary  be  associated 
with  executive  in  veto  power,  disagreed  to,  E.  344-349. 

n,  June  13 — (Jy  18)  Supreme  judges  to  be  appointed  by  execu- 
tive, disagreed  to,  E.  328-330. 

(Jy  r  8  and  21)  nominated  and  appointed  by  executive 
with  consent  of  two-thirds  of  the  second  branch,  disagreed 
to,  E.  330,  349-351  ;  B.  92. 

(Jy  1 8)  amendment,  compensation  not  to  be  diminished 
while  in  office,  agreed  to,  E.  330-331. 

Other  clauses,  agreed  to,   nem.  con. 
Resolution  becomes  14,  July  26. 

12,  June  13— (Jy  18)  agreed  to,  15,  July  26,  E.  331  ;  B.  92. 

13,  June  13 — (Jy  18)  amendment,  to  strikeout  power  of  impeach- 

ment of  national  officers,  agreed  to,  E.  332  ;  B.  93. 

Amendment,  that  their  power  extend,  etc.,  as  in  1 6,  July 
26,  agreed  to,  E.  332  ;  B.  93. 

14,  June  13— (Jy  18)  agreed  to,  17,  July  26,  E.  332. 

15,  June  13— (Jy  18)  disagreed  to,  E.  332. 

16,  June  13 — (Jy  18)  amended  and  adopted,  as  in  18,  July  26,  E. 

332-333- 

17,  June  13— (Jy  23)  agreed  to,  19,  July  26,  E.  351. 

18,  June  13— (Jy  23)  agreed  to,  20,  July  26,  E,  351,   352. 

19,  June  13 — (Jy  23)   amendment,   to  refer  Constitution  to  State 

legislatures,  disagreed  to,  E.  352-356  ;  B.  93. 

To  refer  it  to  a  second  Federal  Convention,  disagreed  to, 
E.  356. 
Resolution,  agreed  to,  21,  July  26,  E.  356  ;  B.  93-95. 


9.  That  a  national  executive  ought  to  be  instituted,  to  consist  of 
a  single  person  ;  to  be  chosen  by  the  national  legislature,  for  the 
term  of  seven  years;    with  power  to  carry  into  execution  the 
national  laws,  to  appoint  to  offices  in  cases  not  otherwise  provided 
for,  to  be  ineligible  a  second  time,  and  to  be  removable  on  impeach- 
ment and  conviction  of  malpractices  or  neglect  of  duty;  to  receive 
a  fixed  stipend  by  which  he  may  be  compensated  for  the  devotion 
of  his  time  to  the  public  service,  to  be  paid  out  of  the  national 
treasury. 

10.  That  the  national  executive  shall  have  a  right  to  negative 
any  legislative  act  which  shall  not  be  afterwards  passed  by  two- 
thirds  of  each  branch  of  the  national  legislature. 

11.  That  a  national  judiciary  be  established,  to  consist  of  one 
supreme  tribunal,  the  judges  of  which  shall  be  appointed  by  the 
second  branch  of  the  national  legislature,  to  hold  their  offices 
during  good  behavior,  and  to  receive  punctually,  at  stated  times, 
a  fixed  compensation  for  their  services  in  which  no  increase  or 
diminution  shall  be  made  so  as  to  affect  the  persons  actually  in 
office  at  the  time  of  such  increase  or  diminution. 

12.  That   the   national  legislature  be  empowered   to   appoint 
inferior  tribunals. 

13.  That  the  jurisdiction  of  the  national  judiciary  shall  extend 
to  all  cases  which  respect  the  collection  of  the  national  revenue, 
impeachments  of  any  national  officer,  and  questions  which  involve 
the  national  peace  and  harmony. 

14.  Same  as  10  Virginia. 

15.  Same  as  12  Virginia. 

1 6.  That  a  republican  constitution,  and  its  existing  laws,  ought 
to  be  guaranteed  to  each  State  by  the  United  States. 

17.  That  provision  ought  to  be  made  for  the  amendment  of  the 
Articles  of  Union,  whensoever  it  shall  seem  necessary. 

1 8.  Same  as  14  Virginia. 

19.  Same  as  15  Virginia. 


JERSEY  PLAN. 

"This  plan  had  been  concerted  among  the  deputations,  or 
members  thereof,  from  Connecticut,  New  York,  New  Jersey, 
Delaware,  and  perhaps  Mr.  Martin,  from  Maryland,  who  made  with 
them  a  common  cause,  though  on  different  principles.  Connecti- 
cut and  New  York  were  against  a  departure  from  the  principle 
of  the  Confederation,  wishing  rather  to  add  a  few  new  powers  to 
Congress  than  to  substitute  a  national  government.  The  States  of 
New  Jersey  and  Delaware  were  opposed  to  a  national  govern- 
ment, because  its  patrons  considered  a  proportional  representation 
of  the  States  as  the  basis  of  it.  The  eagerness  displayed  by  the 
members  opposed  to  a  national  government,  from  these  different 
motives,  now  began  to  produce  serious  anxiety  for  the  result 
of  the  Convention."  Note  by  Madison,  Elliot,  v.  191. 

Bancroft  says  that  New  York  and  Connecticut  are  wrongly 
classed  together  here.  ' '  In  conduct  and  intention  the  delegates 
of  Connecticut  were  very  unlike  Yates  and  L,ansing. ' '  Bancroft, 
ii.  38,  note. 

Bancroft,  ii.  38-43,  46  ; 

Elliot,  v.  193-199,    206-211  (Madison's  analysis)  ; 

Curtis,  ii.  92-93,  106-109; 

Lalor,  i.  639,  547. 


JERSEY  PLAN,  OFFERED  JUNE  15. 

1.  That  the  Articles  of  Confederation  ought  to  be  revised,  cor- 
rected,  and  enlarged,  so  as  to  render  the  Federal  Constitution 
adequate  to  the  exigencies  of  the  Union. 

2.  That,  in  addition  to  the  powers  vested  in  the  United  States 
in  Congress,  by  the  present  existing  Articles  of  Confederation, 
they  be  authorized  to  pass  acts  for  raising  a  revenue,  by  levying  a 
duty  or  duties  on  all  goods  and  merchandise  of  foreign  growth  or 
manufacture,  imported  into  any  part  of  the  United  States ;  by 
stamps  on  paper,  vellum,  or  parchment ;  and  by  a  postage  on  all 
letters   and   packages  passing  through  the  general  postoffice, — 
to  be  applied  to  such  federal  purposes  as  they  shall  deem  proper 
and  expedient ;  to  make  rules  and  regulations  for  the  collection 
thereof ;  and  the  same,  from  time  to  time,  to  alter  and  amend,  in 
such  manner  as  they  shall  think  proper.     To  pass  acts  for  the 
regulation  of  trade  and  commerce,  as  well  with  foreign  nations  as 
with  each  other ;  provided,  that  all  punishments,  fines,  forfeitures, 
and  penalties,  to  be  incurred  for  contravening  such  rules  and  regu- 
lations, shall  be  adjudged  by  the  common-law  judiciary  of  the 
States  in  which  any  offence  contrary  to  the  true  intent  and  meaning 
of  such  rules  and  regulations  shall  be  committed  or  perpetrated ; 
with  liberty  of  commencing,  in  the  first  instance,  all  suits  or  prose- 
cutions for  that  purpose  in  the  superior  common-law  judiciary  of 
such  State ;  subject,  nevertheless,  to  an  appeal   for  the  correction 
of  all  errors  both  in  law  and  fact,  in  rendering  judgment,  to  the 
judiciary  of  the  United  States. 

3.  That,  whenever  requisitions  shall  be  necessary,  instead  of  the 
present  rules,  the  United  States  in  Congress  be  authorized  to  make 
such  requisitions  in  proportion  to  the  whole  number  of  white  and 
other  free  citizens  and  inhabitants,  of  every  age,  sex,  and  condition, 
including  those  bound  to  servitude  for  a  term  of  years,  and  three- 
fifths  of  all  other  persons  not  comprehended   in  the   foregoing 
description,  except  Indians  not  paying  taxes ;  that,  if  such  requi- 
sitions be  not  complied  with  in  the  time  to  be  specified  therein, 
to  direct  the  collection  thereof  in  the  non-complying  States ;  and 
for  that  purpose  to  devise  and  pass  acts  directing  and  authorizing 
the  same  ;  provided,  that  none  of  the  powers  hereby  vested  in  the 
United  States  in  Congress  shall  be  exercised  without  the  consent  of 

at  least States;  and  in  that  proportion,   if  the  number  of 

confederated  States  should  be  hereafter  increased  or  diminished. 


A 


4.  That  the  United  States  in  Congress  be  authorized  to  elect  a 

federal  executive  to  consist  of. persons^  to  continue  in  office 

for  a  term  of years;  to  receive  punctually,  at  stated  times, 

a  fixed  compensation  for  the  services  by  them  rendered,  in  which 
no  increase  or  diminution  shall  be  made,  so  as  to  affect  the  persons 
composing  the  executive  at  the  time  of  such  increase  or  diminution  ; 
to  be  paid  out  of  the  federal  treasury ;  to  be  incapable  of  holding 
any  other  office  or  appointment  during  their  time  of  service,  and 

for years  thereafter ;  to  be  ineligible  g=gegonrl  time,  and 

removable  on  conviction  for  malpractices  or  neglect  of  duty,  by 
Congress,   on  application  by  a  majority  of  the  executives  of  the 
several  States.     That  the  executive,  besides  a  general  authority 
to  execute  the  federal  acts,  ought  to  appoint  all  federal  officers  not 
otherwise  provided  for,  and  to  direct  all  military  operations  ;  pro- 
vided, that  none  of  the  persons  composing  the  federal  executive 
shall,  on  any  occasion,  take  command  of  any  troops,  so  as  per- 
sonally to  conduct  any  military  enterprise  as  general,  or  in  any 
other  capacity. 

5.  That  a  federal  judiciary  be  established,  to  consist  of  a  supreme 
tribunal,  the  judges  of  which  to  be  appointed  by  the  executive, 
and  to  hold  their  offices  during  good  behavior;  to  receive  punctually, 
at  stated  times,  a  fixed  compensation  for  their  services,  in  which  no 
increase  or  diminution  shall  be  made,  so  as  to  affect  the  persons 
actually  in  office  at  the  time  of  such  increase  or  diminution.    That 
the  judiciary,  so  established,  shall  have  authority  to  hear  and 
determine,  in  the  first  instance,  on  all  impeachments  of  federal 
officers  ;  and  by  way  of  appeal,  in  the  dernier  ressort,  in  all  cases 
touching  the  rights  and  privileges  of  ambassadors  ;  in  all  cases  of 
captures  from  an  enemy ;  in  all  cases  of  piracies  and  felonies  on 
the  high  seas ;  in  all  cases  in  which  foreigners  may  be  interested, 
in  the  construction  of  any  treaty  or  treaties,  or  which  may  arise 
on  any  act  or  ordinance  of  Congress  for  the  regulation  of  trade, 
or  the  collection  of  the  federal  revenue.    That  none  of  the  judiciary 
officers  shall,  during  the  term  they  remain  in  office,  be  capable  of 
receiving  or  holding  any  other  office  or  appointment  during  their 
term  ot  service,  or  for thereafter. 

6.  That  the  legislative,  executive,  and  judiciary  powers,  within 
the  several  States,  ought  to  be  bound,  by  oath,  to  support  the 
Articles  of  Union. 


7.  That  all  acts  of  the  United  States  in  Congress  assembled, 
made  by  virtue  and  in  pursuance  of  the  powers  hereby  vested  in 
them  and  by  the  Articles  of  Confederation,  and  all  treaties  made 
and  ratified  under  the  authority  of  the  United  States,  shall  be  the 
supreme   law   of  the   respective  States,    as   far  as  those  acts  or 
treaties  shall  relate  to  the  said  States,  or  their  citizens  ;    and  that 
the  judiciaries  of  the  several  States  shall  be  bound   therebj''  in 
their  decisions,  anything  in  the  respective  laws  of  the  individual 
States  to  the  contrary  notwithstanding. 

And  if  any  State,  or  any  body  of  men  in  any  State,  shall  op- 
pose or  prevent  the  carrying  into  execution  such  acts  and  treaties, 
the  federal  executive  shall  be  authorized  to  call  forth  the  powers 
of  the  Confederated  States,  or  so  much  thereof  as  may  be  neces- 
sary, to  enforce  and  compel  obedience  to  such  acts,  or  an  observ- 
ance of  such  treaties. 

8.  That  provision  ought  to  be  made  for  the  admission  of  new 
States  into  the  Union. 

9.  That  provision  ought  to  be  made  for  hearing  and  deciding 
upon  all  disputes  arising  between  the  United  States  and  an  in- 
dividual State,  respecting  territory. 

10.  That  the  rule  for  naturalization  ought  to  be  the  same  in 
every  State. 

n.  That  a  citizen  of  one  State,  committing  an  offence  in  an- 
other State,  shall  be  deemed  guilty  of  the  same  offence  as  if  it  had 
been  committed  by  a  citizen  of  the  State  in  which  the  offence 
was  committed. 


HAMILTON'S  PLAN. 

On  June  18  Hamilton  made  an  elaborate  speech  before  the 
Convention,  commenting  on  the  Virginia  and  Jersey  Plans,  and 
discussing  the  principles  of  government.  In  the  course  of  his 
speech  he  presented  this  sketch  of  a  Plan  as  embodying  his 
views.  He  did  not  expect  it  to  find  acceptance  on  the  part  of 
the  Convention. 

He  also  later  prepared  a  much  more  elaborate  form  of  a  Consti- 
tution, a  copy  of  which  he  gave  to  Madison. 

The  sketch  Plan  is  found  in  Elliot,  i.  179,  v.  205  ;  in  Lodge's 
edition  of  Hamilton's  Works,  i.  331. 

The  form  of  a  Constitution  is  found  in  Elliot,  v.  584-590  ;  in 
Hamilton's  Works,  i.  334-352. 

Lodge  has  a  note  on  the  Plans,  in  Works,  i.  351-353  ;  and  the 
whole  subject,  including  a  collection  of  all  minutes  of  Hamilton's 
speeches  and  remarks  in  the  Convention,  is  treated  in  Works,  i. 
331-400. 

Madison  gives  six  pages  to  an  abstract  of  Hamilton's  speech  of 
June  1 8,  Elliot,  v.  199-204. 

Bancroft,  ii.  42-46; 
Curtis,  94-106,  110-115. 


HAMILTON'S  PLAN. 

1.  The   supreme   legislative   power   of  the   United   States   of 
America  to  be  vested  in  two  distinct  bodies  of  men,  the  one  to  be 
called  the  Assembly,  the  other  the  Senate,  who,  together,  shall 
form  the  legislature  of  the  United  States,  with  power  to  pass  all 
laws  whatsoever,  subject  to  the  negative  hereafter  mentioned. 

2.  The  Assembly  to  consist  of  persons  elected   by  the  people, 
to  serve  for  three  years. 

3.  The  Senate   to  consist  of  persons   elected  to  serve  during 
good  behavior  ;  their  election  to  be  made  by  electors  chosen  for 
that  purpose  by  the  people.     In  order  to  do  this,  the  States  to  be 
divided  into  election  districts.    On  the  death,  removal,  or  resigna- 
tion of  any  senator,  his  place  to  be  filled  out  of  the   district  from 
which  he  came. 

4.  The  supreme  executive  authority  of  the  United  States  to  be 
vested  in  a  governor,  to  be  elected  to  serve  during  good  behavior. 
His  election  to  be  made  by  electors,  chosen  by  electors,  chosen 
by  the  people  in  the  election  districts  aforesaid.       His  authorities 
and  functions  to  be  as  follows  : — 

To  have  a  negative  upon  all  laws  about  to  be  passed,  and  the 
execution  of  all  laws  passed  ;  to  have  the  entire  direction  of  war, 
when  authorized  or  begun  ;  to  have,  with  the  advice  and  ap- 
probation of  the  Senate,  the  power  of  making  all  treaties  ;  to  have 
the  sole  appointment  of  the  heads  or  chief  officers  of  the  depart- 
ments of  finance,  war,  and  foreign  affairs  ;  to  have  the  nomina- 
tion of  all  other  officers  (ambassadors  of  foreign  nations  included), 
subject  to  the  approbation  or  rejection  of  the  Senate  ;  to  have  the 
power  of  pardoning  all  offences  except  treason,  which  he  shall 
not  pardon  without  the  approbation  of  the  Senate. 

5.  On  the  death,  resignation,  or  removal  of  the  governor,  his 
authorities  to  be  exercised  by  the  president  of  the  Senate,  until  a 
successor  be  appointed. 

6.  The  Senate  to  have  the  sole  power  of  declaring  war ;  the 
power  of  advising   and   approving   all  treaties  ;    the   power   of 
approving  or  rejecting  all  appointments  of  officers,    except   the 
heads   or  chiefs   of  the  departments  of  finance,  war,  and  foreign 
affairs. 

7.  The  supreme  judicial  authority  of  the  United  States  to  be 
vested   in    ...     judges,    to  hold   their    offices  during   good 
behavior,  with  adequate  and  permanent  salaries.       This  court  to 
have  original  jurisdiction  in  all  cases  of  captures,  and  an  appellate 

17 


SHERMAN'S  PROPOSITIONS. 

"It  appears  that  Mr.  Sherman  discovered,  at  an  early  date, 
many  radical  defects  in  the  old  Confederation,  although  he  was  a 
member  of  the  committee  by  which  it  had  been  framed.  A  manu- 
script left  among  his  papers,  and  containing  a  series  of  propo- 
sitions prepared  by  him  for  the  amendment  of  the  old  Articles  of 
Confederation,  the  greater  part  of  which  are  incorporated,  in 
substance,  in  the  new  Constitution,  displays  the  important  part 
which  he  acted  in  the  general  Convention  of  1787."  Sanderson's 
Lives  of  the  Signers,  iii.  270. 

"  The  project  which  in  importance  stands  next  to  that  of 
Virginia  is  the  series  of  propositions  of  Connecticut.  ...  It  was 
framed  .  .  .  before  19  June,  and  probably  soon  after  the 
arrival  of  Sherman  in  Philadelphia  ....  It  may  be  that 
Sherman  drew  the  paper  ;  but  one  of  the  articles  corresponds  with 
the  sixth  recommendation  of  a  committee  on  which  Ellsworth 
served  with  Randolph  in  1781  ;  and  is  very  similar  to  a  proposi- 
tion made  1786  by  a  sub-committee  of  which  Johnson  was  a  mem- 
ber ;  and  another,  the  sixth,  does  no  more  than  adopt  the  report 
of  a  committee  of  which  Ellsworth  was  a  member  with  Hamilton 
and  Madison  in  1783.  As  to  the  introduction  of  the  Connecticut 
articles  into  the  Constitution,  it  is  hard  to  say  whether  Sherman  or 
Ellsworth  was  the  greatest  hater  of  paper  money."  Bancroft,  ii. 
36-37- 

On  the  Connecticut  delegates,  see:  Bancroft,  ii.  48-51. 
On  the  Connecticut  Compromise,  see: 

Bancroft,  ii.  47-67  ; 

Curtis,  ii.  145-168  ; 

Lalor,  i.  547-548  ; 

Johnston's  Connecticut,  chap.  xvii. 


jurisidiction   in  all  cases  in  which  the  revenues  of  the  general 
government,  or  the  citizens  of  foreign  nations,  are  concerned. 

8.  The  legislature  of  the  United  States  to  have  power  to  insti- 
tute courts  in  each  State,  for  the  determination  of  all  matters  of 
general  concern. 

9.  The   governors,    senators,    and    all  officers   of  the   United 
States  to  be  liable  to  impeachment  for  mal  and  corrupt  conduct ; 
and,  upon  conviction,  to  be  removed  from  office,  and  disqualified 
for  holding  any  place  of  trust  or  profit.     All  impeachments  to  be 
tried  by  a  court,  to  consist  of  the  chief,  or   senior  judge  of  the 
superior  court  of  law,  in  each  State  ;  provided,  that  such  judge 
shall  hold  his  place  during  good  behavior,  and  have  a  permanent 
salary. 

10.  All  laws  of  the  particular  States,  contrary  to  the  laws  or 
constitution  of  the  United  States,   to  be  utterly  void.      And  the 
better  to  prevent  such  laws  being  passed,   the  governor  or  presi- 
dent of  each  State  shall  be  appointed  by  the  general  government, 
and  shall  have  a  negative   upon  the  laws  about  to  be  passed  in 
any  State  of  which  he  is  governor  or  president. 

1 1 .  No  State  to  have  any  forces,  land  or  naval ;  and  the  militia 
of  all  the  States  to  be  under  the  sole  and  exclusive  direction  of 
the  United  States  ;    the   officers   of  which  to  be  appointed  and 
commissioned  by  them. 


SHERMAN'S  PROPOSITIONS. 

That,  in  addition  to  the  legislative  powers  vested  in  Congress 
by  the  Articles  of  Confederation,  the"  legislature  of  the  United 
States  be  authorized  to  make  laws  to  regulate  the  commerce  of  the 
United  States  with  foreign  nations,  and  among  the  several  States 
in  the  Union  ;  to  impose  duties  on  foreign  goods  and  commodities 
imported  into  the  United  States,  and  on  papers  passing  through 
the  postoffice,  for  raising  a  revenue,  and  to  regulate  the  collection 
thereof,  and  apply  the  same  to  the  payment  of  the  debts  due  from 
the  United  States,  and  for  supporting  the  government,  and  other 
necessary  charges  of  the  Union. 

To  make  laws  binding  on  the  people  of  the  United  States,  and 
on  the  courts  of  law,  and  other  magistrates  and  officers,  civil  and 
military,  within  the  several  States,  in  all  cases  which  concern  the 
common  interests  of  the  United  States ;  but  not  to  interfere  with 


the  government  of  the  individual  States,  in  matters  of  internal 
police  which  respect  the  government  of  such  States  only,  and 
wherein  the  general  welfare  of  the  United  States  is  not  affected. 

That  the  laws  of  the  United  States  ought,  as  far  as  may  be  con- 
sistent with  the  common  interests  of  the  Union,  to  be  carried  into 
execution  by  the  judiciary  and  executive  officers  of  the  respective 
States,  wherein  the  execution  thereof  is  required. 

That  the  legislature  of  the  United  States  be  authorized  to  insti- 
tute one  supreme  tribunal,  and  such  other  tribunals  as  they  may 
judge  necessary  for  the  purpose  aforesaid,  and  ascertain  their 
respective  powers  and  jurisdiction. 

That  the  legislatures  of  the  individual  States  ought  not  to 
possess  a  right  to  emit  bills  of  credit  for  a  currency,  or  to  make 
any  tender  laws  for  the  payment  or  discharge  of  debts  or  contracts, 
in  any  manner  different  from  the  agreement  of  the  parties,  unless 
for  payment  of  the  value  of  the  thing  contracted  for,  in  current 
money  agreeable  to  the  standard  that  shall  be  allowed  by  the 
legislature  of  the  United  States,  or  in  any  manner  to  obstruct  or 
impede  the  recovery  of  debts,  whereby  the  interests  of  foreigners, 
or  the  citizens  of  any  other  State,  may  be  affected. 

That  the  eighth  Article  of  the  Confederation  ought  to  be 
amended,  agreeably  to  the  recommendation  of  Congress  of  the 
(i8th)  day  of  (April,  1783). 

That,  if  any  State  shall  neglect  or  refuse  to  furnish  its  quota  of 
supplies,  upon  requisition  made  by  the  legislature  of  the  •  United 
States,  agreeably  to  the  Articles  of  the  Union,  that  the  said  legis- 
lature be  authorized  to  order  the  same  to  be  levied  and  collected 
of  the  inhabitants  of  such  State,  and  to  make  such  rules  and 
orders  as  may  be  necessary  for  that  purpose. 

That  the  legislature  of  the  United  States  have  power  to  make 
laws  for  calling  forth  such  aid  from  the  people,  from  time  to  time, 
as  may  be  necessary  to  assist  the  civil  officers  in  the  execution  of 
the  laws  of  the  United  States ;  and  annex  suitable  penalties  in 
case  of  disobedience. 

That  no  person  shall  be  liable  to  be  tried  for  any  penal  offence, 
committed  within  any  of  the  United  States,  in  any  other  State 
than  that  wherein  the  offence  shall  be  committed,  nor  be  deprived 
of  the  privilege  of  trial  by  a  jury,  by  virtue  of  any  law  of  the 
United  States. 

SANDERSON'S  LIVES  OF  THE  SIGNERS,  iii.  270-273. 


REPORT  OF  SPECIAL  COMMITTEE  OF  ELEVEN, 

JULY  5. 

The  committee  to  whom  was  referred  the  eighth  resolution  of 
the  report  from  the  Committee  of  the  Whole  House,  and  so  much 
of  the  seventh  as  had  not  been  decided  on,  submit  the  following 
report : — 

That  the  subsequent  propositions  be  recommended  to  the  Con- 
vention on  condition  that  both  shall  be  generally  adopted  : 

1.  That,  in  the  first  branch  of  the  legislature,   each   of  the 
States  now  in  the  Union  shall  be  allowed  one  member  for  every 
forty  thousand  inhabitants,   of  the  description  reported    in    the 
seventh  resolution  of  the  Committee  of  the  Whole  House  ;  that 
each  State  not  containing  that  number  shall  be  allowed  one  mem- 
ber ;  that  all  bills  for  raising  or  appropriating  money,    and  for 
fixing  the  salaries  of  the  officers  of  the  government  of  the  United 
States,  shall  originate  in  the  first  branch  of  the  legislature,  and 
shall  not  be  altered  or  amended  by  the  second  branch  ;  and  that 
no  money  shall  be  drawn  from  the  public  treasury  but  in  pursu- 
ance of  appropriations  to  be  originated  in  the  first  branch. 

2.  That,  in  the  second  branch,  each  State  shall  have  an  equal 
vote. 


REPORT  OF  SPECIAL  COMMITTEE  OF  FIVE, 
JULY  9. 

The  committee  to  whom  was  referred  the  first  clause  of  the 
first  proposition  reported  from  the  grand  committee,  beg  leave  to 
report  : 

That,  in  the  first  meeting  of  the  legislature,  the  first  branch 
thereof  consist  of  fifty-six  members,  of  which  number  N.  H.  shall 
have  2,  Mass.  7,  R.  I.  i,  Ct.  4,  N.  Y.  5,  N.  J.  3,  Pa.  8,  Del.  i, 
Md.  4,  Va.  9,  N.  C.  5,  S.  C.  5,  Ga.  2. 

But,  as  the  present  situation  of  the  States  may  probably  alter, 
as  well  in  point  of  wealth  as  in  the  number  of  their  inhabitants, 
that  the  legislature  be  authorized  from  time  to  time  to  augment 
the  number  of  representatives.  And  in  case  any  of  the  States 
shall  hereafter  be  divided,  or  any  two  or  more  States  united,  or 
any  new  States  created  within  the  limits  of  the  United  States, 
the  legislature  shall  possess  authority  to  regulate  the  number  of 
representatives,  in  any  of  the  foregoing  cases,  upon  the  principles 
of  their  wealth  and  number  of  inhabitants. 


RESOLUTIONS  OF  THE   CONVENTION, 
REFERRED  TO  A  COMMITTEE  OF  DETAIL,  JULY  26. 

1 .  That  the  government  of  the  United  States  ought  to  consist 
of  a  supreme  legislative,  executive,  and  judiciary. 

2.  That  the  legislature  consist  of  two  branches. 

3.  Same  as  3,  June  13,  substantially  ;  "two"   substituted  for 
"three,"   ineligibility  to   State  offices   omitted,  and  age  put  at 
"twenty-five  years." 

4.  Same  as  4,  June  13,  substantially  ;  "six"   substituted  for 
"seven"  as  term  ;  and  ineligibility  to  State  offices  and  "paid  out 
of  the  public    treasury"  omitted. 

5.  Same  as  5,  June  13. 

6.  That  the  national  legislature  ought  to  possess  the  legislative 
rights  vested  in  Congress  by  the  Confederation  ;  and,  moreover, 
to  legislate  in  all  cases  for  the  general  interests  of  the  Union,  and 
also  in  those  to  which  the  States  are  separately  incompetent,  or 
in  which  the  harmony  of  the  United  States  may  be  interrupted 
by  the  exercise  of  individual  legislation. 

7.  Same  as  6,  Jersey,  omitting  last  clause  :   "and  that  if  any 
State,"  etc. 

8.  That,  in  the  original  formation  of  the  legislature  of  the 
United  States,  the  first  branch  thereof  shall  consist  of  sixty -five 
members,  of  which  number  N.  H.  shall  send  3  ;  Mass.,  8  ;  R.  I., 
i  ;  Ct.,  5  ;  N,  Y.,  6  ;  N.  J.,  4  ;    Pa.,    8  ;    Del.,  i  ;  Md.,  6  ;  Va., 
10  ;  N.  C.,  5;  S.  C.,  5;  Ga.,  3. 

But,  as  the  present  situation  of  the  States  may  probably  alter 
in  the  number  of  their  inhabitants,  the  legislature  of  the  United 
States  shall  be  authorized,  from  time  to  time,  to  apportion  the 
number  of  representatives  ;  and  in  case  any  of  the  States  shall 
hereafter  be  divided,  or  enlarged  by  addition  of  territory,  or  any 
two  or  more  States  united,  or  any  new  States  created  within  the 
limits  of  the  United  States,  the  legislature  of  the  United  States 
shall  possess  the  authority  to  regulate  the  number  of  representa- 
tives, in  any  of  the  foregoing  cases,  upon  the  principle  of  their 
number  of  inhabitants,  according  to  the  provisions  hereinafter 
mentioned,  namely :  Provided,  always,  that  representation 
ought  to  be  proportioned  to  direct  taxation.  And,  in  order  to 
ascertain  the  alteration  in  the  direct  taxation  which  may  be  re- 
quired from  time  to  time,  by  the  changes  in  the  relative  circum- 
stances of  the  States, — 


9-  That  a  census  be  taken  within  six  years  from  the  first 
meeting  of  the  legislature  of  the  United  States,  and  once  within 
the  term  of  every  ten  years  afterwards,  of  all  the  inhabitants  of 
the  United  States,  in  the  manner  and  according  to  the  ratio 
recommended  by  Congress  in  their  resolution  of  the  i8th  of  April, 
1783  ;  and  that  the  legislature  of  the  United  States  shall  propor- 
tion the  direct  taxation  accordingly. 

10.  That  all  bills  for  raising  or  appropriating  money,  and  for 
fixing  the  salaries  of  the  officers  of  the  government  of  the  United 
States,  shall  originate  in  the  first  branch  of  the  legislature  of  the 
United  States,  and  shall  not  be  altered  or  amended  by  the  second 
branch  ;  and  that  no   money   shall  be  drawn    from   the   public 
treasury,  but  in  pursuance  of  appropriations  to  be  originated  by 
the  first  branch. 

1 1 .  That,  in  the  second  branch  of  the  legislature  of  the  United 
States,  each  State  shall  have  an  equal  vote. 

12.  Same  as  9,  June  13,  substantially. 

13.  Same  as  10,  June  13. 

14.  Same  as  n,  June  13,  omitting,  "or  increase." 

15.  Same  as  12,  June  13. 

16.  That  the  jurisdiction  of  the  national  judiciary  shall  extend 
to  cases  arising  under  laws  passed  by  the  general  legislature,  and 
to   such    other   questions   as  involve    the    national    peace    and 
harmony. 

17.  Same  as  14,  June  13. 

1 8.  That  a  republican  form  of  government  shall  be  guaranteed  to 
each  State  ;  and  that  each  State  shall  be  protected  against  foreign 
and  domestic  viclence. 

19.  Same  as  17,  June  13. 

20.  Same  as  18,  June  13. 

21.  Same  as  19,  June  13. 

22.  That  the  representation  in  the  second  branch  of  the  legis- 
lature of  the  United  States  shall  consist  of  two  members  from  each 
State,  who  shall  vote  per  capita. 

23.  That  it  be  an  instruction  to  the  committee   to  whom  were 
referred  the  proceedings  of  the  Convention  for  the  establishment 
of  a  national  government,  to  receive  a  clause,  or  clauses,  requir- 
ing certain  qualifications  of  property  and  citizenship  in  the  United 
States,  for  the  executive,  the  judiciary,  and  the  members  of  both 
branches  of  the  legislature  of  the  United  States. 


THE  DRAFT  OF  AUGUST  6  AND  THE  CONSTITUTION. 

The  Draft  of  August  6  was  discussed  in  the  Convention  from 
August  7  to  September  8.  It  was  then  referred  to  a  Committee 
on  Style,  who,  on  September  13,  reported  the  Constitution  in  a 
finished  form.  The  Convention  adjourned  September  17. 

The  debates  on  the  Draft  and  the  alterations  made  in  it  are 
treated  by  Bancroft  in  the  following  chapters  :  ' '  The  Powers  of 
Congress, "  "  The  President, ' '  '  'The  Federal  Judiciary, "  "  The 
Last  Days  of  the  Convention." 

Bancroft,  ii.  119-222; 
Curtis,  ii.  193-487  ; 
Lalor,  i.  639-640,  548-549  ; 
Rives,  ii.  425-475  ; 
Elliot,  v.  382-565. 


DRAFT  OF  A  CONSTITUTION, 
REPORTED  BY  COMMITTEE  OF  DETAIL,  AUGUST  6. 

We,  the  people  of  the  States  of  New  Hampshire,  Massachusetts, 
Rhode  Island  and  Providence  Plantations,  Connecticut,  New 
York,  New  Jersey,  Pennsylvania,  Delaware,  Maryland,  Virginia, 
North  Carolina,  South  Carolina,  and  Georgia,  do  ordain,  declare, 
and  establish  the  following  Constitution  for  the  government  of 
ourselves  and  our  posterity  : — 

Article  I. — The  style  of  the  government  shall  be  "The  United 
States  of  America. ' ' 

Art.  II. — The  government  shall  consist  of  supreme  legislative, 
executive,  and  judicial  powers. 

Art.  III. — The  legislative  power  shall  be  vested  in  a  Congress, 
to  consist  of  two  separate  and  distinct  bodies  of  men,  a  House  of 
Representatives  and  a  Senate  ;  each  of  which  shall  in  all  cases 
have  a  negative  on  the  other.  The  legislature  shall  meet  on  the 
first  Monday  in  December  in  every  year. 

Art.  IV. — Sec.  i.  The  members  of  the  House  of  Representa- 
tives shall  be  chosen,  every  second  year,  by  the  people  of  the 
several  States  comprehended  within  this  Union.  The  qualifica- 
tions of  the  electors  shall  be  the  same,  from  time  to  time,  as  those 
of  the  electors,  in  the  several  States,  of  the  most  numerous  branch 
of  their  own  legislatures. 

Sec.  2.  Every  member  of  the  House  of  Representatives  shall  be 
of  the  age  of  twenty-five  years  at  least  ;  shall  have  been  a  citizen 
in  the  United  States  for  at  least  three  years  before  his  election  ; 
and  shall  be,  at  the  time  of  his  election,  a  resident  of  the  State  in 
which  he  shall  be  chosen. 

Sec.  3.  The  House  of  Representatives  shall,  at  its  first  forma- 
tion, and  until  the  number  of  citizens  and  inhabitants  shall  be 
taken  in  the  manner  hereinafter  described,  consist  of  sixty-five 
members,  of  whom  3  shall  be  chosen  in  N.  H.,  8  in  Mass.,  i  in  R. 
I.,  5  in  Ct.,  6  in  N.  Y.,  4  in  N.  J.,  8  in  Pa.,  i  in  Del.,  6  in  Md., 
10  in  Va.,  5  in  N.  C.,  5  in  S.  C.,  and  3  in  Ga. 

Sec.  4.  As  the  proportions  of  numbers  in  different  States  will 
alter  from  time  to  time  ;  as  some  of  the  States  may  hereafter  be 
divided  ;  as  others  may  be  enlarged  by  addition  of  territory  ;  as 
two  or  more  States  may  be  united  ;  as  new  States  will  be  erected 
within  the  limits  of  the  United  States, — the  legislature  shall,  in 


each  of  these  cases,  regulate  the  number  of  representatives  by  the 
number  of  inhabitants,  according  to  the  provisions  hereinafter 
made,  at  the  rate  of  one  for  every  forty  thousand. 

Sec.  5.  All  bills  for  raising  or  appropriating  money,  and  for 
fixing  the  salaries  of  the  officers  of  government,  shall  originate  in 
the  House  of  Representatives,  and  shall  not  be  altered  or  amend- 
ed by  the  Senate.  No  money  shall  be  drawn  from  the  public 
treasury  but  in  pursuance  of  appropriations  that  shall  originate  in 
the  House  of  Representatives. 

Sec.  6.  The  House  of  Representatives  shall  have  the  sole 
power  of  impeachment.  It  shall  choose  its  speaker  and  other 
officers. 

Sec.  7.  Vacancies  in  the  House  of  Representatives  shall  be 
supplied  by  writs  of  election  from  the  executive  authority 
of  the  State  in  the  representation  from  which  they  shall  happen. 

Art.  V.— Sec.  i.  The  Senate  of  the  United  States  shall  be 
chosen  by  the  legislatures  of  the  several  States.  Each  legislature 
shall  choose  two  members.  Vacancies  may  be  supplied  by  the 
executive  until  the  next  meeting  of  the  legislature.  Each  mem- 
ber shall  have  one  vote. 

Sec.  2.  The  Senators  shall  be  chosen  for  six  years,  but  immedi- 
ately after  the  firsi  election  they  shall  be  divided,  by  lot,  into 
three  clases,  as  nearly  as  may  be,  numbered  one,  two,  and  three. 
The  seats  of  the  members  of  the  first  class  shall  be  vacated  at  the 
expiration  of  the  second  year  ;  of  the  second  class  at  the  expira- 
tion of  the  fourth  year  ;  of  the  third  class  at  the  expiration  of  the 
sixth  year  ;  so  that  a  third  part  of  the  members  may  be  chosen 
every  second  year. 

Sec.  3.  Every  member  of  the  Senate  shall  be  of  the  age  of  thirty 
years  at  least ;  shall  have  been  a  citizen  in  the  United  States  for  at 
least  four  years  before  his  election  ;  and  shall  be,  at  the  time  of  his 
election,  a  resident  of  the  State  for  which  he  shall  have  been 
chosen. 

Sec.  4.  The  Senate  shall  choose  its  own  president  and  other 
officers. 

Art.  VI. — Sec.  i.  The  times,  places,  and  manner  of  holding 
the  elections  of  the  members  of  each  house,  shall  be  prescribed 
by  the  legislature  of  each  State  ;  but  their  provisions  concerning 
them  may,  at  any  time,  be  altered  by  the  legislature  of  the 
United  States. 

24 


Sec.  2.  The  legislature  of  the  United  States  shall  have  authority 
to  establish  such  uniform  qualifications  of  the  members  of  each 
house,  with  regard  to  property,  as  to  the  said  legislature  shall 
seem  expedient. 

Sec.  3.  In  each  house  a  majority  of  the  members  shall  consti- 
tute a  quorum  to  do  business ;  but  a  smaller  number  may  adjourn 
from  day  to  day. 

Sec.  4.  Each  house  shall  be  the  judge  of  the  elections,  returns, 
and  qualifications  of  its  own  members. 

Sec.  5.  Freedom  of  speech  and  debate  in  the  legislature  shall 
not  be  impeached  or  questioned  in  any  court  or  place  out  of  the 
legislature  ;  and  the  members  of  each  house  shall,  in  all  cases, 
except  treason,  felony,  and  breach  of  the  peace,  be  privileged  from 
arrest  during  their  attendance  at  Congress,  and  in  going  to  and 
returning  from  it. 

Sec.  6.  Each  house  may  determine  the  rules  of  its  proceedings; 
may  punish  its  members  for  disorderly  behavior  ;  and  may  expel 
a  member. 

Sec.  7.  The  House  of  Representatives,  and  the  Senate,  when  it 
shall  be  acting  in  a  legislative  capacity,  shall  keep  a  journal  of 
their  proceedings  ;  and  shall  from  time  to  time  publish  them  ;  and 
the  yeas  and  nays  of  the  members  of  each  house,  on  any  question, 
shall,  at  the  desire  of  one-fifth  part  of  the  members  present,  be 
entered  on  the  journal. 

Sec.  8.  Neither  house,  without  the  consent  of  the  other,  shall 
adjourn  for  more  than  three  days,  nor  to  any  other  place  than  that 
at  which  the  two  houses  are  sitting.  But  this  regulation  shall 
not  extend  to  the  Senate  when  it  shall  exercise  the  power  men- 
tioned in  the  Article. 

Sec.  9.  The  members  of  each  house  shall  be  ineligible  to,  and 
incapable  of  holding,  any  office  under  the  authority  of  the  United 
States,  during  the  terms  during  which  they  shall  respectively 
be  elected  ;  and  the  members  of  the  Senate  shall  be  ineligible 
to,  and  incapable  of  holding,  any.such  office  for  one  year  after- 
wards. 

Sec.  10.  The  members  of  each  house  shall  receive  a  compensa- 
tion for  their  services,  to  be  ascertained  and  paid  by  the  State  in 
which  they  shall  be  chosen. 

Sec.  n.  The  enacting  style  of  the  laws  of  the  United  States 

25 


shall  be,  "  Be  it  enacted,  and  it  is  hereby  enacted,  by  the  House 
of  Representatives  and  by  the  Senate  of  the  United  States,  in  Con- 
gress assembled." 

Sec.  12.  Each  house  shall  possess  the  right  of  originating 
bills,  except  in  the  cases  before  mentioned. 

Sec.  13.  Every  bill  which  shall  have  passed  the  House  of 
Representatives  and  the  Senate  shall,  etc.,  to  the  same  effect  as 
Art.  r,  Sec.  7,  Par.  2,  of  the  Constitution. 

Art.  VII. — Sec.  i.  The  legislature  of  the  United  States  shall 
have  the  power  to  lay  and  collect  taxes,  duties,  imposts,  and 
excises  ; 

To  regulate  commerce  with  foreign  nations,  and  among  the 
several  States  ; 

To  establish  an  uniform  rule  of  naturalization  throughout  the 
United  States  ; 

To  coin  money  ; 

To  regulate  the  value  of  foreign  coin  ; 

To  fix  the  standard  of  weights  and  measures  ; 

To  establish  post-offices  ; 

To  borrow  money,  and  emit  bills,  on  the  credit  of  the  United 
States ; 

To  appoint  a  treasurer  by  ballot ; 

To  constitute  tribunals  inferior  to  the  supreme  court  ; 

To  make  rules  concerning  captures  on  land  and  water ; 

To  declare  the  law  and  punishment  of  piracies  and  felonies 
committed  on  the  high  seas,  and  the  punishment  of  counterfeiting 
the  coin  of  the  United  States,  and  of  offences  against  the  law  of 
nations  ; 

To  subdue  a  rebellion  in  any  State,  on  the  application  of  its 
legislature  ; 

To  make  war  ; 

To  raise  armies  ; 

To  build  and  equip  fleets  ; 

To  call  forth  the  aid  of  the  militia,  in  order  to  execute  the 
laws  of  the  Union,  enforce  treaties,  suppress  insurrections,  and 
repel  invasions  ; 

And  to  make  all  laws  that  shall  be  necessary  and  proper  for 
carrying  into  execution  the  foregoing  powers,  and  all  other 
powers  vested  by  this  Constitution  in  the  government  of  the 
United  States,  or  in  any  department  or  office  thereof. 


* 


Sec.  2.  Treason  against  the  United  States  shall  consist  only  in 
levying  war  against  the  United  States,  or  any  of  them  ;  and  in 
adhering  to  the  enemies  of  the  United  States,  or  any  of  them. 
The  legislature  of  the  United  States  shall  have  power  to  declare 
the  punishment  of  treason.  No  person  shall  be  convicted  of 
treason  unless  on  the  testimony  of  two  witnesses.  No  attainder 
of  treason  shall  work  corruption  of  blood,  nor  forfeiture,  except 
during  the  life  of  the  person  attainted. 

Sec.  3.  The  proportions  of  direct  taxation  shall  be  regulated  by 
the  whole  number  of  white  and  other  free  citizens  and  inhabitants 
of  every  age,  sex,  and  condition,  including  those  bound  to  servi- 
tude for  a  term  of  years,  and  three-fifths  of  all  other  persons  not 
comprehended  in  the  foregoing  description,  (except  Indians  not 
paying  taxes;)  which  number  shall,  within  six  years  after  the 
first  meeting  of  the  legislature,  and  within  the  term  of  every  ten 
years  aftenvards,  be  taken  in  such  manner  as  the  said  legislature 
shall  direct. 

Sec.  4.  No  tax  or  duty  shall  be  laid  by  the  legislature  on 
articles  exported  from  any  State  ;  nor  on  the  migration  or  im- 
portation of  such  persons  as  the  several  States  shall  think 
proper  to  admit  ;  nor  shall  such  migration  or  importation  be 
prohibited. 

Sec.  5.  No  capitation  tax  shall  be  laid,  unless  in  proportion  to 
the  census  hereinafter  directed  to  be  taken. 

Sec.  6.  No  navigation  act  shall  be  passed  without  the  assent  of 
two-thirds  of  the  members  present  in  each  house. 

Sec.  7.  The  United  States  shall  not  grant  any  title  of 
nobility. 

Art.  VIII. — The  acts  of  the  legislature  of  the  United  States 
made  in  pursuance  of  this  Constitution,  and  all  treaties  made 
under  authority  of  the  United  States,  shall  be  the  supreme  law  of 
the  several  States,  and  of  their  citizens  and  inhabitants  ;  and  the 
judges  in  the  several  States  shall  be  bound  thereby  in  their  decis- 
ions, anything  in  the  constitutions  or  laws  of  the  several  States 
to  the  contrary  notwithstanding. 

Art.  IX.— Sec.  i.  The  Senate  of  the  United  States  shall  have 
power  to  make  treaties,  and  to  appoint  ambassadors,  and  judges 
of  the  supreme  court. 

Sec.  2.  (Provides  for  the  settlement  of  disputes  between  two  or 
more  States  concerning  jurisdiction  or  territory,  in  a  manner 


similar  to  the  provision  in  Art.  IX,  Sec.  2,  of  the  Articles  of  Con- 
federation, except  that  the  powers  there  conferred  upon  "The 
United  States  in  Congress  assembled  ' '  are  here  conferred  upon 
the  Senate.) 

Sec.  3.  (Similar  to  Art.  IX,  Sec.  3,  of  the  Articles  of  Con- 
federation.) 

Art.  X. — Sec.  i.  The  executive  power  of  the  United  States 
shall  be  vested  in  a  single  person.  His  style  shall  be,  "The 
President  of  the  United  States  of  America,"  and  his  title  shall 
be,  "His  Excellency."  He  shall  be  elected  by  ballot  by  the 
legislature.  He  shall  hold  his  office  during  the  term  of  seven 
years  ;  but  shall  not  be  elected  a  second  time. 

Sec.  2.  He  shall,  from  time  to  time,  give  information  to  the 
legislature  of  the  state  of  the  Union.  He  may  recommend  to  their 
consideration  such  measures  as  he  shall  judge  necessary  and 
expedient.  He  may  convene  them  on  extraordinary  occasions. 
In  case  of  disagreement  between  the  two  houses,  with  regard  to 
the  time  of  adjournment,  he  may  adjourn  them  to  such  time  as  he 
thinks  proper.  He  shall  take  care  that  the  laws  of  the  United 
States  shall  be  duly  and  faithfully  executed.  He  shall  commis- 
sion all  the  officers  of  the  United  States  ;  and  shall  appoint 
officers  in  all  cases  not  otherwise  provided  for  by  this  Constitution. 
He  shall  receive  ambassadors,  and  may  correspond  with  the 
supreme  executives  of  the  several  States.  He  shall  have  power 
to  grant  reprieves  and  pardons,  but  his  pardon  shall  not  be  plead- 
able  in  bar  of  an  impeachment.  He  shall  be  commander-in-chief 
of  the  army  and  navy  of  the  United  States,  and  of  the  militia  of 
the  several  States.  He  shall,  at  certain  times,  receive  for  his 
services  a  compensation,  which  shall  neither  be  increased  nor 
diminished  during  his  continuance  in  office.  Before  he  shall 
enter  on  the  duties  of  his  department,  he  shall  take  the  following 

oath  or  affirmation,  "I,  ,  solemnly  swear  (or  affirm) 

that  I  will  faithfully  execute  the  office  of  President  of  the  United 
States  of  America. ' '  He  shall  be  removed  from  his  office  on  im- 
peachment by  the  House  of  Representatives,  and  conviction,  in 
the  supreme  court,  of  treason,  brib?ry,  or  corruption.  In  case  of 
his  removal,  as  aforesaid,  death,  resignation,  or  disability  to  dis- 
charge the  powers  and  duties  of  his  office,  the  President  of  the 
Senate  shall  exercise  those  powers  and  duties  until  another  Presi- 
dent of  the  United  States  be  chosen,  or  until  the  disability  of  the 
President  be  removed. 


Art.  XI. — Sec.  i.  The  judicial  power  of  the  United  States 
shall  be  vested  in  one  supreme  court,  and  in  such  inferior  courts 
as  shall,  when  necessary,  from  time  to  time,  be  constituted  by  the 
legislature  of  the  United  States. 

Sec.  2.  The  judges  of  the  supreme  court,  and  of  the  inferior 
courts,  shall  hold  their  offices  during  good  behavior.  They  shall, 
at  stated  times,  receive  for  their  services  a  compensation, 
which  shall  not  be  diminished  during  their  continuance  in 
office. 

Sec.  3.  The  jurisdiction  of  the  supreme  court  shall  extend  to 
all  cases  arising  under  the  laws  passed  by  the  legislature  of  the 
United  States  ;  to  all  cases  affecting  ambassadors,  other  public 
ministers  and  consuls  ;  to  the  trial  of  impeachments  of  officers  of 
the  United  States  ;  to  all  cases  of  admiralty  and  maritime  juris- 
diction ;  to  controversies  between  two  or  more  States,  (except  as 
shall  regard  territory  or  jurisdiction);  between  a  State  and  a  citi- 
zen of  another  State  ;  between  citizens  of  different  States  ;  and 
between  a  State,  or  the  citizens  thereof,  and  foreign  States, 
citizens,  or  subjects.  In  cases  of  impeachment,  cases  affecting 
ambassadors,  other  public  ministers  and  consuls,  and  those  in 
which  a  State  shall  be  a  party,  this  jurisdiction  shall  be  original. 
In  all  other  cases  before  mentioned,  it  shall  be  appellate,  with 
such  exceptions,  and  under  such  regulations  as  the  legislature 
shall  make.  The  legislature  may  assign  any  part  of  the  jurisdic- 
tion above  mentioned,  (except  the  trial  of  the  President  of  the 
United  States),  in  the  manner  and  under  the  limitations  which  it 
shall  think  proper,  to  such  inferior  courts  as  it  shall  constitute 
from  time  to  time. 

Sec.  4.  The  trial  of  all  criminal  offences  (except  in  cases  of  im- 
peachment) shall  be  in  the  State  where  they  shall  be  committed, 
and  shall  be  by  jury. 

Sec.  5.  Judgment,  in  cases  of  impeachment,  shall  not  extend 
further  than  to  removal  from  office,  and  disqualification  to  hold 
and  enjoy  any  office  of  honor,  trust,  or  profit,  under  the  United 
States.  But  the  party  convicted  shall  nevertheless  be  liable  and 
subject  to  indictment,  trial,  judgment,  and  punishment,  accord- 
ing to  law. 

Art.  XII — No  State  shall  coin  money  ;  nor  grant  letters  of 
rnarque  and  reprisal  ;  nor  enter  into  any  treaty,  alliance,  or  con- 
federation ;  nor  grant  any  title  of  nobility. 


-•• 


Art.  XIII. — No  State,  without  the  consent  of  the  legislature  of 
the  United  States,  shall  emit  bills  of  credit,  or  make  anything 
but  specie  a  tender  in  payment  of  debts  ;  nor  lay  imposts  or  duties 
on  imports  ;  nor  keep  troops  or  ships  of  war  in  time  of  peace  ; 
nor  enter  into  any  agreement  or  compact  with  another  State,  or 
with  any  foreign  power  ;  nor  engage  in  any  war,  unless  it  shall 
be  actual!}'  invaded  by  enemies,  or  the  danger  of  invasion  be  so 
imminent  as  not  to  admit  of  a  delay  until  the  legislature  of  the 
United  States  can  be  consulted. 

Art.  XIV. — The  citizens  of  each  State  shall  be  entitled 
to  all  the  privileges  and  immunities  of  citizens  in  the  several 
States. 

Art.  XV. — Any  person  charged  with  treason,  felony,  or  high 
misdemeanor  in  any  State,  who  shall  flee  from  justice,  and  shall 
be  found  in  any  other  State,  shall,  on  demand  of  the  executive 
power  of  the  S':ate  from  which  he  fled,  be  delivered  up  and 
removed  to  the  State  having  jurisdiction  of  the  offence. 

Art.  XVI. — Full  faith  .shall  be  given  in  each  State  to  the  acts 
of  the  legislature,  and  to  the  records  and  judicial  proceedings  of 
the  cour'cs  and  magistrates  of  every  other  State. 

Art.  XVII. — New  States  lawfully  constituted  or  established 
within  the  limits  of  the  United  States  may  be  admitted,  by  the 
legislature,  into  this  government  ;  but  to  such  admission  the 
consent  of  two-thirds  of  the  members  present  in  each  house  shall 
be  necessary.  If  a  new  State  shall  arise  within  the  limits  of  any 
of  the  present  States,  the  consent  of  the  legislatures  of  such  States 
shall  be  also  necessary  to  its  admission.  If  the  admission  be  con- 
sented to,  the  new  State  shall  be  admitted  on  the  same  terms 
with  the  original  States.  But  the  legislature  may  make  condi- 
tions with  the  new  States  concerning  the  public  debt  which  shall 
then  be  subsisting. 

Art.  XVIII. — The  United  States  shall  guarantee  to  each  State 
a  republican  form  of  government  ;  and  shall  protect  each  State 
against  foreign  invasions,  and,  on  application  of  its  legislature, 
against  domestic  violence. 

Art.  XIX. — On  the  application  of  the  legislatures  of  two-thirds 
of  the  States  in  the  Union,  for  an  amendment  of  this  Constitu- 
tion, the  legislature  of  the  United  States  shall  call  a  convention 
for  that  purpose. 


Art.  XX. — The  members  of  the  legislatures  and  the  executive 
and  judicial  officers  of  the  United  States,  and  of  the  several  States, 
shall  be  bound  by  oath  to  support  this  Constitution. 

Art.  XXI. — The  ratification  of  the  conventions  of States 

shall  be  sufficient  for  organizing  this  Constitution. 

Art.  XXII. — This  Constitution  shall  be  laid  before  the  United 
States  in  Congress  assembled,  for  their  approbation  ;  and  it  is  the 
opinion  of  this  Convention,  that  it  should  be  afterwards  submitted 
to  a  convention  chosen  in  each  State,  under  the  recommendation 
of  its  legislature,  in  order  to  receive  the  ratification  of  such 
convention. 

Art.  XXIII. — To  introduce  this  government,  it  is  the  opinion 
of  this  Convention,  that  each  assenting  convention  should  notify 
its  assent  and  ratification  to  the  United  States  in  Congress 
assembled  ;  that  Congress,  after  receiving  the  assent  and  ratifica- 
tion of  the  conventions  of  States,  should  appoint  and 

publish  a  day,  as  early  as  may  be,  and  appoint  a  place,  for  com- 
mencing proceedings  under  this  Constitution  ;  that,  after  such 
publication,  the  legislatures  of  the  several  States  should  elect 
members  of  the  Senate,  and  direct  the  election  of  members  of  the 
House  of  Representatives  ;  and  that  the  members  of  the  legis- 
lature should  meet  at  the  time  and  place  assigned  by  Congress, 
and  should,  as  soon  as  may  be  after  their  meeting,  choose  the 
President  of  the  United  States,  and  proceed  to  execute  this 
Constitution. 


DRAFT  <>:•• 
AUGUST  6. 


CONSTITUTION-. 


Preamble  )  ^  ^ 

and  I...  }Freamble  ........  E.  382,  Aug.  7. 

E.  382,  Aug.  7. 


Ill  ............  I.  i.,  iv.   2  ........  E.  382-385,  Aug.  7. 

IV.   i  ........  I.  ii.  i  .............  E.  385-389-  Aug.  7,  8. 

IV.  2  .......  1.   ii.  2  ............  E.  389-391,  Aug.  8  ;  411-414,  Aug.  13; 

555-556,  Sept.  17. 

IV.    3  .....  IT    ::     ,  f  E.  39',  Aug.  8. 

IV.  4  .....  j1  "IE.  391-394,  Aug.  8. 

IV.  5  ........  1.  vii.  i  ;  ix.  7...E.  394-395,  Aug.  8  ;  410-411,  Aug.  ii; 

414-420,  Aug.  13. 
IV.  6...  .....  I.  ii.   5  ............  E.  395,  Aug.  9. 

IV.  7  ........  1.  ii.  4  ............  E.  395.  Aug.  9. 

V.  i  .........  I.  iii.  i  and  2...E.  395-397,  Aug.  9. 

V.  2  .........  1.  iii.  i  and  2...E.  397-398,  Aug.  9;    414,  Aug.  13. 

V.  3  .........  1.  iii.  3  ............  E.  398-401,  Aug.  9. 

V.  4  .........  1.  iii.  4  and  5  ____  E.  401,  Aug.  9. 

VI.  i  ........  I.  iv.  i  ............  E.  401-402,  Aug.  9. 

VI.  2  ........  —  —  E.  402-405,  Aug.  10. 

VI.  3  .......  1.  v.  i  ............  E.  405-406,  Aug.  10. 

y*-4  ........  l'v:  l  .........  {E.  406,  Aug.  10. 

VI.  5  ........  1.  vi.  i  .........  ( 

VI.  6  ........  1.  v.  2  .............  E.  407,  Aug.  10. 

VI.  7  ........  1.  v.  3  ............  E.  407-409,  Aug  ii. 

VI.  8  ........  1.  v.  4  ............  E.  408-410,  Aug.  ii. 

VI.   9  ........  1.  vi.  2  ............  E.  420-425,    Aug.    14;    503,   Sep.    i; 

505-506,  Sep.  3. 
VI.   10  ......  1.  vi.  i  ............  E.  425-427,  Aug.  14. 

VI.  ii  ......  —  —  E.  427,  Aug.   15. 

VI.  12  ......  —  -E.   427-428,  Aug.    15;  452-453,  Aug. 

21  ;  510,  Sept.  5  ;  529,  Sep.  8. 

VI.  13  ......  1.  vii.  2  and  3..E.  428-431,  Aug  15  ;  536-538,  Sep.  12. 

-I.  vii.   3  ...........  E.  43!-432,  Aug.  16. 

VII.  i  ......  I.  viii  .............  E.  432-447,    Aug.    16-20;  451,    Aug. 

21  ;  462,  Aug.  22  ;  463-467,  Aug. 
22-23;    467-469,    475-477-    Aug. 
25  ;    503,   Sep.  i  ;    504,    Sep.    3  ; 
506-507,  Sep.  4;  510-512,  Sep.  5. 
VII.   2  ......  III.  iii.  i  and  2.E.  447-451,  Aug.    20;  462-463,   Aug. 

22. 


VII.  3 1-  »•  3 E.  452-453.  Aug.  21. 

VII.  4 1.    ix.  i  and  5... E.  454-461,   Aug.    21-22;    471,   Aug. 

24  ;  477-478>  479.  Aug.  25  ;  483- 

488,  Aug.  28  ;  502-503,  Aug.  31  ; 

538-539,  Sep.  12;  540,  Sep.  13. 
VII.   5 1.  ix.  4 E.  461,  Aug.  22  ;  471,  Aug.  24  ;  478, 

Aug.  25. 
VII.  6 —  — E.  461,  Aug  22  ;  471,  Aug.   24  ;  478, 

Aug.  25  ;  489-492,  Aug.  29. 

VII.  7 1.  ix.  8 E.  467,  Aug.  23. 

VIII VI.  2 E.  467,  Aug.  23;  478-479,  Aug.  25. 

IX.  i II.  ii.  2 E.    467,     469-470,     Aug.     23;     507, 

Sep.  4. 
IX.  2 —  — E.  471,  Aug.  24. 

IX.  3 —  — E.  471,  Aug.  24. 

f  II.  i.  i,   2,  3,  ^  E.  462,  Aug.  22  ;    471-474,  Aug.  24  ; 

X.i 4    4;    Amend.,-          507,   508-510,     Sep.  4  ;     512-529, 

(    XII )          Sep.  5-8. 

("II.  i.  6,    7,  8;"J  E.  462,  Aug.    22  ;    474-475,  Aug.  24  ; 

X.  2 -;       ii.    i;    iii.  ;  -      479-481,  Aug.  25-27  ;  507,    Sep.  4  ; 

I      iv 3      530,  Sep.  8. 

XI.  i III.  i E.  481,  Aug.  27. 

XI.  2 III.  i E.  462,  Aug.   22;  481-482,  Aug.  27. 

,.T  f  III.  ii.  i   and  )  E.  462,   Aug.  22  ;  482-483,  Aug.   27  ; 

"  (    2;  I.  iii.  6....  {      484,  Aug.  28. 

XI.  4 III.  ii.    3 E.  484,  Aug.  28. 

XI.  5 1.  iii.  7 E.  484,  Aug.  28. 

XII I.  x.   i E.  484-486,  Aug.  28. 

XIII I.  x.  2  and  3 E.  486-487,  Aug.  28. 

XIV IV.  ii.  i E.  487,  Aug.  28. 

XV IV.  ii.  2 E-  487,  Aug.  28  ;  492,  Aug.  28. 

XVI IV.  i E.  487-488,  Aug.  29  ;  504,  Sep.  3. 

XVII IV.  iii.   i E.  492-497,  Aug.  29-30. 

XVIII IV.  iv E.  497-498,  Aug.  30. 

XIX V E.  498,  Aug.  30:530-532,  Sep.  10. 

XX VI.  3 E.  498,  Aug.  30. 

XXI VII E.  498-501,    Aug.    30-31;      532-535. 

Sep.  10  ;  541,  Sep.  13. 

XXII —  —  E.   5OI-502,   Aug.   31;   532-535,  Sep. 

10 ;  541,  Sep.  13. 
XXIIL E.  502,  Aug.  31  ;  541,  Sep.  13. 


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